https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4297
The court held that because there was already another suit over the same subject matter in which orders had been issued, the present suit was an abuse of process and risked conflicting decisions. It therefore declined the injunction and stayed the suit under section 6 of the Civil Procedure Act pending determination...
Source-derived case information.
- Citation
- [2026] KEELC 4297 (KLR)
- Parties
- 1st Plaintiff: Martin Wanjala Kasisi; 2nd Plaintiff: Joseph Barasa Mukunji; 3rd Plaintiff: Hudson Simiyu Wakoli; 4th Plaintiff: Kennedy Mangoli; 1st Defendant: Reuben Walubengo Cheloti; 2nd Defendant: Michael Wafula; 3rd Defendant: Joseph Juma
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E010 of 2026
- Procedural Posture
- Environment and Land Court Suit With Interlocutory Injunction Application / Ruling on Application Dated 5 March 2026; Court Also Considered Whether to Stay Proceedings
- Outcome
- Application for injunction declined; suit stayed
- Judges
- ["AK Bor"]
- Legal Topics
- Sub Judice, Stay of Proceedings, Multiple Suits Over Same Subject Matter, Interlocutory Injunction, Conflicting Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martin Wanjala Kasisi
1st Plaintiff
Joseph Barasa Mukunji
2nd Plaintiff
Hudson Simiyu Wakoli
3rd Plaintiff
Kennedy Mangoli
4th Plaintiff
Reuben Walubengo Cheloti
1st Defendant
Michael Wafula
2nd Defendant
Joseph Juma
3rd Defendant
Procedural Posture
Environment and Land Court Suit With Interlocutory Injunction Application / Ruling on Application Dated 5 March 2026; Court Also Considered Whether to Stay Proceedings
Legal Issues
- 1 Whether the plaintiffs were entitled to an injunction restraining the defendants from dealing with Ndivisi/Muchi/11744 pending suit
- 2 Whether the present suit was barred or should be stayed because of a prior suit involving the same subject matter
- 3 Whether filing multiple suits over the same land amounted to abuse of court process
Ratio Decidendi
The court held that because there was already another suit over the same subject matter in which orders had been issued, the present suit was an abuse of process and risked conflicting decisions. It therefore declined the injunction and stayed the suit under section 6 of the Civil Procedure Act pending determination of Webuye SPM ELC Case No. E017 of 2026.
Court Disposition
Application for injunction declined; suit stayed
Orders
- The application dated 5 March 2026 was dismissed.
- The suit was stayed pursuant to Section 6 of the Civil Procedure Act pending hearing and determination of Webuye SPM ELC Case No. E017 of 2026.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA** **ELC LAND CASE NO. E010 OF 2026 (OS)** **MARTIN WANJALA KASISI ………...……...……...… 1ST PLAINTIFF** **JOSEPH BARASA MUKUNJI ……………………….. 2ND PLAINTIFF** **HUDSON SIMIYU WAKOLI ………….…………….. 3RD PLAINTIFF** **KENNEDY MANGOLI …………………..…………… 4TH PLAINTIFF** **VERSUS** **REUBEN WALUBENGO CHELOTI …….…………1ST DEFENDANT** **MICHAEL WAFULA ………………………...……. 2ND DEFENDANT** **JOSEPH JUMA ……………………….…………… 3RD DEFENDANT** **RULING** The Plaintiffs brought the application dated 5/3/2026 seeking an injunction to restrain the Defendants from dealing with the land known as Ndivisi/Muchi/11744, formerly part of Ndivisi/Muchi/661, pending hearing and determination of the suit. Joseph Barasa Mukunji swore the affidavit in support of the application and annexed various documents including sale agreements and correspondence from various government officers touching on the suit land. Joseph Juma Wandera opposed the application through the replying affidavit in which he deponed that Ndivisi/Muchi/1144 was the subject of Webuye SPM ELC No. E017 of 2026 and that an order restraining the Plaintiffs from dealing with the suit land was issued by the learned magistrate in that matter on 5/3/2026. The court has looked at that order and it is apparent that the Plaintiffs have filed this suit yet there is another suit existing over the same matter, in which orders were issued. It is an abuse of the court process for a party to file a new suit when they are aware that another suit already exists over the same subject matter. It would not augur well for the administration of justice if multiple suits are filed in different courts over the same suit property. There is also the risk of conflicting orders and decisions being issued in the different causes which would be embarrassing and undesirable for the administration of justice. The court declines to grant the orders sought in the application dated 5/3//2026. The court stays this suit pursuant to Section 6 of the Civil Procedure Act pending hearing and determination of Webuye SPM ELC Case No. E017 of 2026. Delivered virtually at Bungoma this 29th day of June 2026. **K. BOR** **JUDGE** **In the presence of: -** Mr. George Murunga for the 1st and 3rd Defendants Court Assistants- Bett & Metrine No appearance for the other parties