Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedKericho ELC (parties: Plaintiff/Applicant v 1st, 2nd and 3rd Defendants/Respondents) - Notice of Motion dated 7th March, 2025· [2026] KEELC 1528 (KLR)

Sambu v National Land Commission & 2 others (Environment and Land Case 5 of 2017) [2026] KEELC 1528 (KLR)

Environment and Land Court
12 March 2026
5,281 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~21 min to read original · ~4 min brief

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

#
This is a ruling of the Environment and Land Court at Kericho (L. A. Omollo, J) on the Plaintiff/Applicant's Notice of Motion dated 7th March, 2025, brought under Order 10 Rule 11 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The Applicant, whose land in Kericho/Kipchimchim/656 and 3027 was compulsorily acquired in three separate acquisitions, sought to set aside the Court's finding that it was functus officio, to reinstate the suit in respect of the first and second acquisitions, and for declarations that the decree of 4th October, 2019 was limited to the third acquisition. The 2nd and 3rd Defendants opposed, arguing the application was res judicata, an appeal disguised as a fresh motion, and that the functus officio finding had been re-affirmed on review. The Court framed three issues: res judicata, merit, and costs. It found the functus officio finding was made in the ruling of 16th May, 2024; the Applicant had already sought its review/setting aside in the application dated 11th June, 2024, which was dismissed with costs on 6th February, 2025. The instant application sought the same relief on the same grounds and was therefore res judicata, applying Section 7 of the Civil Procedure Act and the wider res judicata principles for interlocutory applications. The Court declined to interrogate the merits, dismissed the application with costs, applying the rule that costs follow the event under Section 27 of the Civil Procedure Act.

Key legal issues

#
01

Whether the Notice of Motion dated 7th March, 2025 is res judicata

Holding

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.

Reasoning

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.

p. 12
02

Whether the application is merited

Holding

Having found the application res judicata, the Court declined to interrogate its merits.

Reasoning

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.

p. 12
03

Costs

Holding

Costs follow the event under Section 27 of the Civil Procedure Act; the unsuccessful Applicant bears the costs.

Reasoning

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.

p. 12

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. 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.