Sambu v National Land Commission & 2 others (Environment and Land Case 5 of 2017) [2026] KEELC 1528 (KLR)
The bottom line
#A Kenyan court dismissed a second attempt to revive a land acquisition case, confirming you cannot refile the same application after losing once.
What this practically means
#Executive summary
#Key legal issues
#Whether the Notice of Motion dated 7th March, 2025 is res judicata
The application is res judicata because it seeks the same relief as the application dated 11th June, 2024 (review/setting aside of the 16th May, 2024 ruling on functus officio), which was heard and determined on its merits between the same parties.
The Court traced the history: the functus officio finding was made in the ruling of 16th May, 2024 on the application dated 30th June, 2023. The Applicant then filed an application dated 11th June, 2024 seeking review or setting aside of that ruling, which was dismissed on 6th February, 2025. The present application, though couched as 'setting aside', is based on the same grounds - that the first and second acquisitions were never determined - and is a second attempt to have the Court revisit the 16th May, 2024 ruling. Both applications involve the same parties and substantially the same issue.
Whether the application is merited
Having found the application res judicata, the Court declined to interrogate its merits.
The Court held that its res judicata finding was dispositive; the substantive question of whether functus officio applies to interlocutory determinations, and whether the decree of 4th October, 2019 is limited to the third acquisition, were therefore not reached.
Costs
Costs follow the event under Section 27 of the Civil Procedure Act; the unsuccessful Applicant bears the costs.
The Court applied the general rule that a successful party should ordinarily be awarded costs unless the Court, for good reason, directs otherwise. No reason was given to depart from that rule.
Legal principles established
#- Wider principles of res judicata apply to interlocutory applications within a suit; there must be an end to interlocutory applications
- An application seeking orders similar to one already heard and determined on its merits between the same parties is res judicata
Court orders
#- 1.The application dated 7th March, 2025 is dismissed with costs
- Jurisdiction invoked
- Order 10 Rule 11 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act (inherent jurisdiction of the ELC over pending suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sambu v National Land Commission & 2 others (Environment and Land Case 5 of 2017) [2026] KEELC 1528 (KLR)", Case Analysis (2026). Kericho ELC (parties: Plaintiff/Applicant v 1st, 2nd and 3rd Defendants/Respondents) - Notice of Motion dated 7th March, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1528/eng@2026-03-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.