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ELCStruck OutELCLOS No. E004 of 2025

Mercy Wairimu Jethro & 8 Others v Joseph Gatheca Gichohi & another

Environment and Land Court
17 September 2026
LMLucy N. Mbugua
1,729 words in judgment
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The bottom line

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Kenya's Environment and Land Court struck out an adverse possession suit because the same land dispute had already been decided in earlier cases.

What this practically means

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Executive summary

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The 1st respondent raised a preliminary objection dated 12.5.2026 arguing that this Originating Summons, by which eight applicants claim parcel Laikipia/Daiga/Ethi Block 2/150 by adverse possession, is res judicata under Section 7 of the Civil Procedure Act. The 1st respondent, the registered owner, had earlier sued the 4th applicant and all persons claiming through him in Nyeri ELC No. 261 of 2016 (transferred to Nanyuki as ELC 141 of 2018), obtaining eviction and a permanent injunction; the 4th applicant's counterclaim was dismissed and his appeal (Nanyuki ELC Appeal No. 3 of 2023, formerly Nyeri ELC Appeal E003 of 2020) was dismissed. The applicants contended that their adverse possession claim was never directly or substantively determined and that judgment in the earlier suit was delivered in their absence. Justice Lucy N. Mbugua held that the applicants, save the 4th, claim through the 4th applicant, whose claim over the suit property had been conclusively determined and dismissed by competent courts; they were camouflaging decided cases in new garments, and their non-participation in the earlier suits was no ground to institute fresh proceedings. The preliminary objection was upheld, the suit struck out, with costs to the 1st respondent. The ruling was delivered at Nanyuki on 17 September 2026 via Microsoft Teams.

Key legal issues

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01

Whether the Originating Summons for adverse possession is res judicata under Section 7 of the Civil Procedure Act

Holding

The suit is res judicata; the applicants' claim through the 4th applicant was already determined and dismissed, and the applicants are camouflaging a decided case in new garments.

Reasoning

Litigation over Laikipia/Daiga/Ethi Block 2/150 was conclusively determined in Nanyuki ELC 141 of 2018, where the 1st respondent's eviction and injunction claims were allowed against the 4th applicant and all persons claiming through him, and the appeal was dismissed. The remaining applicants claim through the 4th applicant, so they litigate under the same title. Non-participation of the other applicants does not permit fresh proceedings.

p. 11

Legal principles established

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  • Persons claiming through a party who litigated and lost a claim over land cannot relitigate the same claim by framing it as a fresh adverse possession suit.

Court orders

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  1. 1.The Preliminary Objection dated 12.5.2026 is found to be merited
  2. 2.The suit is struck out with costs to the 1st respondent
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court; Section 7 of the Civil Procedure Act (res judicata)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mercy Wairimu Jethro & 8 Others v Joseph Gatheca Gichohi & another", Case Analysis (2026). ELCLOS No. E004 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5563/eng@2026-09-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.