Ruai Kikuyu Community Culture Centre (Suing Through its Trustees Charles Murage Theuri and Manasse Muhuro Kabuga) v Kabucho & 2 others (Environment and Land Case E145 of 2023) [2026] KEELC 3238 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to pause a land case just because a related company dispute was ongoing elsewhere.
What this practically means
#Executive summary
#Key legal issues
#Whether proceedings should be stayed pending determination of a related but separate suit under the sub judice rule (Section 6, Civil Procedure Act)
No stay granted; the sub judice rule does not apply because the parties, causes of action and reliefs in the two suits are materially different
The court compared the Amended Plaint in HCCC E096 of 2019 with the present Plaint and found the parties, causes of action and reliefs materially different. The Commercial suit concerns the legality of the 2nd Defendant's directorship; the present suit concerns land ownership. Order 42 Rule 6 was also inapplicable since there is no appeal. The court further held that an indefinite stay would contravene the overriding objective under Sections 1A and 1B of the Civil Procedure Act.
Whether the representation of the 2nd Defendant by Macharia Gakuo & Company Advocates justifies a stay
No; the representation issue was already determined by rulings in the Commercial suit, and the resolution appointing the firm was made by directors in office pursuant to court orders
The court noted that the 30th July 2019 orders of Grace Nzioka J directing that directors then in office remain in office had been upheld by subsequent rulings, including that of Njoki Mwangi J dated 28th July 2023. It was not disputed that the directors in office appointed the firm. The applicant could not revisit that determination indirectly through an application for stay.
Legal principles established
#- For the sub judice rule (Section 6, Civil Procedure Act) to apply, the matter in issue must be directly and substantially in issue in both suits, the suits must be between the same parties or parties claiming under them, and the earlier suit must be pending before a court of competent jurisdiction
- A stay of proceedings should not be imposed unless the proceedings beyond all reasonable doubt ought not to be allowed to continue
Court orders
#- 1.The Notice of Motion dated 30th September 2025 is dismissed
- 2.Costs of the application to the Plaintiff/the cause as ordered - dismissed with costs
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ruai Kikuyu Community Culture Centre (Suing Through its Trustees Charles Murage Theuri and Manasse Muhuro Kabuga) v Kabucho & 2 others (Environment and Land Case E145 of 2023) [2026] KEELC 3238 (KLR)", Case Analysis (2026). ELC NO. 145 OF 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3238/eng@2026-05-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.