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ELCStruck OutELC L Petition No. E017 of 2025

Francis Kariuki & another v Kenya Railways Corporation & another

Environment and Land Court
7 October 2026
3,411 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a railway land petition because its issues had already been decided in an earlier case.

What this practically means

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Executive summary

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The 1st Respondent, Kenya Railways Corporation, moved to strike out the Petitioners' constitutional petition challenging the compulsory acquisition of land gazetted for the Riruta-Ngong Meter Gauge Railway commuter line, arguing it was res judicata the former suit ELC EP PET NO. E028 of 2024 (Samora Sikalieh v Kenya Railways Corporation & 5 others), decided on 1st July 2025, and that the Petitioners were guilty of material non-disclosure. The Petitioners, office-bearers of Karen Ngong View Estate Association suing in public interest, opposed, contending that the parties, cause of action and subject matter were distinct: the former suit concerned construction without an EIA licence and public participation, while the instant petition challenged the Gazette Notice of 20th November 2024 published after the former suit was filed, and the former judgment expressly preserved non-parties' rights. The court compared the prayers in both petitions and found the instant petition raised substantially similar issues - public participation, EIA licences, financing and forest land - with only compulsory acquisition as a new element. Holding that the principal issues had been finally determined by a competent court, the court found section 7 of the Civil Procedure Act barred re-litigation, rejected the pleaded exceptions to res judicata, and observed that land acquisition disputes should first go to the Land Acquisition Tribunal. The Petition was struck out; given its public interest nature, each party was directed to bear their own costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the Petition should be struck out on the basis that it is res judicata Milimani ELC EP Petition No. E028 of 2024

Key legal issues

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01

Whether the Petition is res judicata the former suit ELC EP PET NO. E028 of 2024

Holding

Yes - the principal issues (public participation, EIA licences, financing, forest land) were determined in the former suit between the same parties; the Petition was struck out.

Reasoning

The court compared the prayers in both petitions and found the instant petition presented similar issues already determined, with only compulsory acquisition as a new element. The court held the gazette notice issue should have been included in the previous petition and that land acquisition disputes must first go to the Land Acquisition Tribunal.

p. 20
02

Whether the exceptions to res judicata (substantial injustice) were established

Holding

No - the petitioners should have included the gazette notice issue in the previous petition.

Reasoning

The petitioners argued the cause of action arose on publication of the Gazette Notice after the former suit was filed, and that the former judgment preserved non-parties' rights. The court rejected this, holding the issue should have been raised earlier and that acquisition disputes belong before the Land Acquisition Tribunal in the first instance.

p. 20

Legal principles established

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  • Where principal issues in a former petition were finally determined by a competent court, section 7 of the Civil Procedure Act bars re-litigation of the same issues.

Court orders

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  1. 1.The Petition dated 3rd February 2023 struck out in limine as res judicata
  2. 2.Each party to bear their own costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Wrote the judgment

Jurisdiction invoked
Article 162(2) of the Constitution (Environment and Land Court); motion under Civil Procedure Act section 7 (res judicata)

Relief refused

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Petitioners' constitutional claims (declarations, certiorari, injunction, mandatory order) in E017 of 2025

Petition struck out as res judicata; compulsory acquisition disputes should first go to the Land Acquisition Tribunal

p. 20

Costs

Due to the public interest nature of the instant Petition, I direct each party to bear their own costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I find that the instant Petition is res judicata Milimani ELC EP Petition No. E028 of 2024 and will proceed to strike it out.
p. 20disposition - striking out
Due to the public interest nature of the instant Petition, I direct each party to bear their own costs.
p. 20costs
it is trite that disputes revolving around acquisition of land, should first be handled by the Land Acquisition Tribunal, before being subjected to the Court process.
p. 20Land Acquisition Tribunal as forum of first instance
The concept of res judicata operates to prevent causes of action, or issues from being relitigated once they have been determined on the merits.
p. 11res judicata doctrine (quoting Supreme Court)

Issues in the judgment

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material

Petition dated 3rd February 2023 predates the Gazette Notice (6th December 2024) said to found the cause of action.

minor

Judgment dated 1st July 2025 in former suit yet petition dated 3rd February 2023 - dates inconsistent.

minor

Delivery date 7th October 2026 appears after application dated January 2026 but judgment year may be misprinted.

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, "Francis Kariuki & another v Kenya Railways Corporation & another", Case Analysis (2026). ELC L Petition No. E017 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6233/eng@2026-10-07

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