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ELCPartially AllowedELC (Nairobi) – suit filed by plaint dated 3rd December 2023 (number not stated)· [2026] KEELC 179 (KLR)

Drumvale Farmers Cooperative Society Limited v Kimani & 3 others (Environment and Land Case E504 of 2024) [2026] KEELC 179 (KLR)

Environment and Land Court
22 January 2026
2,387 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court stayed a duplicate land suit rather than striking it out, confirming that sub judice only pauses a case.

What this practically means

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Executive summary

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The 1st and 2nd defendants filed a notice of motion dated 26th May 2025 seeking to strike out the plaintiff's suit concerning land titles No 8529/1, LR No 7283/1 and LR No 3673, arguing it was sub judice given multiple pending suits (ELC 42 OF 2014, ELC 42 OF 2017 and ELC E033 OF 2023), that it was an abuse of process, that the Nairobi court lacked territorial jurisdiction since the suit property is in Athi River within Machakos court's jurisdiction, and that the replying affidavit sworn by Felix Maingi Ngui contravened section 28 of the Co-operative Societies Act. The plaintiff responded that it was not a party to the listed suits as it had emerged from liquidation on 6th July 2022, that amalgamation had not been adjudicated, and that the properties sit partly in Kajiado, Nairobi and Machakos, giving it the liberty to file in Nairobi where it resides. The court set out the elements of sub judice under section 6 of the Civil Procedure Act, applying the Ex parte Law Society of Kenya and KNCHR Supreme Court authorities. It found the 2014 ruling did not touch the issues in the plaint and that ELC 42 OF 2017 had not decided amalgamation but left it for trial; nevertheless, since that issue remained pending and the plaintiffs in that suit are members of the plaintiff here, the instant suit was sub judice. Holding that section 6 permits only a stay, not striking out, the court stayed the suit pending the outcome of ELC 42 OF 2017, with no orders as to costs. Dated 22nd January 2026, delivered virtually at Nairobi by Mohammed N. Kullow, Judge.

Key legal issues

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01

Whether the suit is sub judice to ELC 42 OF 2017

Holding

The suit is sub judice; a determination in ELC 42 OF 2017 on amalgamation would touch on the ownership of the suit properties and the root of the defendants' titles, and the plaintiffs in that matter are members of the plaintiff herein

Reasoning

The court examined the ruling in ELC 42 OF 2017 and found it had not adjudicated amalgamation but merely directed parties to prove how the properties were amalgamated at trial. Since that issue remains pending and would determine ownership of the suit properties and the validity of the defendants' titles, and since the plaintiffs in ELC 42 OF 2017 are members of the plaintiff here, section 6's requirements of substantially the same issue and same parties/privies are met. The suit was therefore stayed, not struck out.

p. 4
02

Whether the court may strike out a suit on sub judice grounds

Holding

No; the only remedy under section 6 is a stay of proceedings

Reasoning

Section 6 of the Civil Procedure Act bars a court from proceeding with the trial of a later suit where the matter is directly and substantially in issue in a previously instituted suit between the same parties. The court held that this bar limits the court to staying the later proceedings; it does not confer jurisdiction to strike out the suit outright. Accordingly, the applicants' relief of striking out was refused and a stay granted instead.

p. 5

Legal principles established

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  • To prove sub judice under section 6 of the Civil Procedure Act there must be a pending suit in a competent court, directly and substantially the same issue, and the same parties or their privies litigating under the same title
  • The proper remedy where sub judice is established is a stay of proceedings, not striking out

Court orders

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  1. 1.The present suit be and is hereby stayed pending the outcome and/or directions in ELC 42 OF 2017 on account of being sub judice
  2. 2.There shall be no orders as to costs
Jurisdiction invoked
Environment and Land Court jurisdiction under the ELC Act; application brought by notice of motion under the Civil Procedure Act (sections 6 and 15 invoked)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Drumvale Farmers Cooperative Society Limited v Kimani & 3 others (Environment and Land Case E504 of 2024) [2026] KEELC 179 (KLR)", Case Analysis (2026). ELC (Nairobi) – suit filed by plaint dated 3rd December 2023 (number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/179/eng@2026-01-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.