Lakeview Panorama Ltd v Kenya Electricity Transmission Company Limited (KETRACO) (Environment and Land Miscellaneous Case E002 of 2026) (Environment and Land) [2026] KEELC 2680 (KLR)

Section 6 requires a previously instituted suit pending between the same parties over the same subject matter. The only matter relied on was KETRACO's stay application before the Tribunal, which was dismissed on 16th February 2026, leaving no conflicting litigation. Further, the Tribunal is a creature of statute lacking power to execute its own decrees; adoption and enforcement of the award is a separate statutory step reserved for the ELC under Sections 13 and 26 of the ELC Act and Section 128 of the Land Act. The objection was filed ten days before the Tribunal's ruling, anticipating a conflict that never materialised.

KETRACO is a limited liability company with perpetual succession, capable of suing and being sued, operating commercially under the State Corporations Act. Applying the Shetty criteria, although its functions are of public importance, its incorporation and commercial mandate distinguish it from an entity impregnated with governmental character. Sessional Paper No. 4 of 2004 is merely policy and cannot transform a commercial company into a Government Department. The Five Star Agencies decision is distinguishable because the NLC is a constitutional commission with purely sovereign functions. The Supreme Court in KETRACO v Instalanciones Inabensa held the dispute was purely commercial, so public-fund status does not shield KETRACO from execution.