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ELCOtherELC No. 357 of 2017 (Consolidated with ELC 358 of 2017, 395 of 2017 and 179 of 2017)· [2026] KEELC 5685 (KLR)
Lazarus Muloi Kitonga v Asai Ole Mosiroi Ramaita & 14 Others
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·~5 min to read original · ~4 min briefThe bottom line
#A Kajiado court has set the hearing order for four consolidated land disputes, requiring all parties to exchange trial bundles within 30 days.
What this practically means
#Executive summary
#This is a case-management ruling by M.D. Mwangi, J of the Environment and Land Court at Kajiado in four consolidated land suits (ELC 357, 358, 395 and 179 of 2017) concerning parcels in Kajiado/Kaputiei Central, including claims of ownership, adverse possession, eviction and permanent injunction. The court noted that although consolidation directions were issued on 26 June 2018 designating ELC 357 of 2017 as the lead file, the earlier order did not re-assign the parties or fix the order in which they would be heard at the main hearing. Drawing on the Supreme Court of Kenya's decision in Law Society of Kenya v Center for Human Rights and Democracy and the Indian Supreme Court's decision in Prem Hala Nabata v Chandi Prasad Sikaria, the court reaffirmed that consolidation exists to save costs, time and effort and to ensure fair and efficient disposal, and that where suits are consolidated the parties' positions must be re-assigned and the sequence of testimony fixed to facilitate an orderly trial. The court outlined the history of each suit: Lawrie Consulting Limited's ownership claim against Kitonga; Engonairo Investment Limited's eviction claim over parcel 1035; an adverse possession originating summons by Ndambuki and others; and Kitonga's adverse possession claim. The court directed that plaintiffs in all four suits would testify first, in the stated sequence, followed by defendants in the same sequence, with rights of cross-examination preserved, and ordered exchange of paginated trial bundles within 30 days. No costs order was made.
Key legal issues
#01
Power to consolidate suits and to direct the sequence of hearing
Holding
The court has power to consolidate suits with common questions of law or fact, and where consolidation is ordered the parties must be re-assigned and the order of testimony fixed to facilitate an orderly trial.
Reasoning
Relying on the Supreme Court of Kenya in Law Society of Kenya v Center for Human Rights and Democracy and the Indian Supreme Court in Prem Hala Nabata v Chandi Prasad Sikaria, the court held consolidation serves efficiency, cost-saving and fairness. The prior consolidation order of 26 June 2018 designated a lead file but did not re-assign parties or fix the hearing sequence, so the court now filled that gap by directions.
p. 3
Legal principles established
#- The essence of consolidation is to facilitate efficient and expeditious disposal of disputes and a fair and impartial disposition of justice
- Where a court consolidates suits it is necessary to re-assign the parties' positions and determine the order in which they shall testify to facilitate an orderly trial
Court orders
#- 1.Plaintiffs in the 4 suits to present their evidence first, beginning with the plaintiff in ELC 357 of 2017 (Lawrie Consulting Limited), followed by the plaintiff in ELC 179 of 2017, then the plaintiffs in ELC 395 of 2017 and ELC 358 of 2017 in that sequence
- 2.Defendants to follow the same sequence upon the close of the plaintiffs' respective cases
- 3.Each party to have the right to cross-examine every party adducing evidence and any witnesses presented for that purpose
- 4.All parties to file and exchange paginated trial bundles including all pleadings, witness statements and list and bundle of documents within 30 days from the date of the ruling and avail a hard copy for the court on or before the date of the first hearing
- Jurisdiction invoked
- Original civil jurisdiction of the Environment and Land Court over land disputes in Kajiado; inherent power to regulate its own proceedings and consolidate related suits
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lazarus Muloi Kitonga v Asai Ole Mosiroi Ramaita & 14 Others", Case Analysis (2026). ELC No. 357 of 2017 (Consolidated with ELC 358 of 2017, 395 of 2017 and 179 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5685/eng@2026-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.