Kinyua v Wanga (Environment and Land Case 75 of 2012) [2026] KEELC 6122 (KLR) (30 September 2026) (Ruling) Neutral citation: [2026] KEELC 6122 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE 75 OF 2012 FM NJOROGE, J SEPTEMBER 30, 2026 BETWEEN HENRY KINYUA ....................................................................................... PLAINTIFF AND FABIANO WANYAMA WANGA .......................................................... DEFENDANT RULING 1. The application dated 20th July 2026 seeks orders similar to those in the application dated 18th February 2025. It is res judicata and I hereby dismiss it with no orders as to costs. However, I also direct the applicant to relook at the order that he relied on in bringing both applications instead of thinking that he may succeed by bringing similar application in the future. The order should mirror the orders made in the judgment of the court. It does not. Further, it waters down the orders in the judgment such that it leaves the defendant only with a dismissal and a declaration. Once that order is corrected and served upon the plainti in accordance with the rules, then the applicant will have an opportunity of lodging an application such as the present. It is only then that he may get the orders that he seeks from this court. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 30TH SEPTEMBER 2026. MWANGI NJOROGE JUDGE, ELC MALINDI. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6122/eng@2026-09-30 1
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.