Saruni & 10 others (Suing on their own behalf and on behalf of 439 other people being other residents of Kasaani, Majengo Mpya and Salaita Villages) v Jipe Multi Purpose Co-operative Society Limited & 5 others (Land Case E014 of 2025) (Environment and Land) [2026] KEELC 1832 (KLR)
The bottom line
#The Environment and Land Court in Voi refused to pause a land case on appeal, because the applicant showed no concrete harm from continuing the trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the proceedings should be stayed pending appeal against the ruling dismissing the Applicant's res judicata strike-out application
The application for stay was dismissed; the appeal raised an arguable point but nugatory effect and exceptional circumstances were not demonstrated
The court accepted that the preferred appeal raised an arguable point concerning res judicata, satisfying the first limb of the twin test. However, the Applicant merely repeated the general assertion that the appeal would be rendered nugatory, without specific evidence of irreversible harm - the very situation rejected by the Court of Appeal in Nairobi County Government v Nuclear Investment Limited. The balance of convenience favoured the Plaintiffs/Respondents, and the overriding objective demands expeditious litigation. No exceptional circumstances existed to stay the proceedings.
Legal principles established
#- Stay of proceedings is a serious, grave and fundamental interruption of the right of a party to conduct litigation towards trial, granted sparingly and only on exceptional circumstances
- An applicant for stay of proceedings must satisfy the twin test of an arguable appeal and that the appeal will be rendered nugatory absent a stay
- Vague and general assertions of nugatory effect are insufficient; the applicant must show specific, irreversible harm to the substratum of the appeal
Court orders
#- 1.The Notice of Motion dated 5th February 2026 is hereby dismissed
- 2.Each party to bear own costs of the application
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 42 Rule 6(1) and (b) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saruni & 10 others (Suing on their own behalf and on behalf of 439 other people being other residents of Kasaani, Majengo Mpya and Salaita Villages) v Jipe Multi Purpose Co-operative Society Limited & 5 others (Land Case E014 of 2025) (Environment and Land) [2026] KEELC 1832 (KLR)", Case Analysis (2026). Notice of Motion dated 5th February 2026 (in the principal suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1832/eng@2026-03-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.