Mbugua & 2 others v Heritage Bistro Limited & another (Environment and Land Case E116 of 2024) [2026] KEELC 320 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the suit offended Section 6 of the Civil Procedure Act (res sub judice)
Yes. The suit was founded on substantially the same subject matter between the same parties as the earlier Kiambu High Court suit, so the statutory threshold for sub judice was met.
Section 6 embodies the sub judice doctrine preventing courts of concurrent jurisdiction from entertaining parallel proceedings between the same parties over the same subject matter. The record disclosed that the respondents had previously litigated the same matter in the High Court (Kiambu HC Civil Case No. E038 of 2023) and in Thika CM ELC No. E050 of 2024, which was struck out as res sub judice. Filing the present suit constituted forum shopping and an abuse of process.
Whether the suit was res judicata and whether the earlier orders should be set aside
Not determined; unnecessary once the sub judice bar was established.
The court found the Section 6 threshold met and expressly declined to consider the alternative grounds of res judicata and setting aside of prior orders, since the suit could not continue in any event.
Legal principles established
#- The party invoking Section 6 bears the burden of establishing an earlier suit, identity of matters in issue, sameness of parties or privies, and pendency before a competent court.
- Where two suits over the same subject matter are between the same parties, the later-filed suit ought to be stayed pending determination of the earlier suit.
Court orders
#- 1.The application dated 4th June 2025 succeeds
- 2.The suit filed by the Respondent is struck out with costs
- 3.Costs of the suit to the Applicants
- Jurisdiction invoked
- Section 6 of the Civil Procedure Act (res sub judice striking-out jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mbugua & 2 others v Heritage Bistro Limited & another (Environment and Land Case E116 of 2024) [2026] KEELC 320 (KLR)", Case Analysis (2026). Notice of Motion application dated 4th June 2025 (ruling within suit before the Environment and Land Court, Thika). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/320/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.