Kogo (Suing on her Behalf and as the Administrator of the Estate of the Late Sawe Kipruto Serem) v Keino & 2 others (Environment & Land Case E011 of 2024) [2025] KEELC 764 (KLR)
The bottom line
#The Environment and Land Court in Kapsabet merged two lawsuits about the same land and ordered the combined case to start hearings afresh.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the application for consolidation of the two suits is meritorious
Key legal issues
#Whether two suits with the same subject matter and parties should be consolidated
The court allowed the consolidation, designating Kapsabet ELCC No. 88 of 2021 as the lead file and directing that it be heard de novo.
The applicant asserted that the subject matter and parties in the two suits are identical, seeking consolidation in the interest of justice. Counsel for the 1st respondent did not oppose the application and confirmed the issues were the same; counsel in the other suit proposed a de novo hearing. Finding the same subject matter and parties in both suits, the court held the application meritorious and allowed consolidation, anchoring its jurisdiction in the Civil Procedure Act and the Environment and Land Court Act.
Legal principles established
#- Suits involving the same subject matter and the same parties may be consolidated in the interest of justice, and the lead file may be directed to be heard de novo to meet the ends of justice.
Court orders
#- 1.The application by Notice of Motion dated 17th January 2025 is allowed in terms of consolidation of Kapsabet ELCC No. E011 of 2024 with Kapsabet ELCC No. 88 of 2021
- 2.Kapsabet ELCC No. 88 of 2021 shall be the lead file and the consolidated suit to be heard de novo
- 3.Costs of the application in the cause
- 4.The consolidated matter set for mention on 23rd March 2025
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Chapter 21, Laws of Kenya) as read with sections 3 and 19 of the Environment and Land Court Act, 2015 (2011)
- Consolidated with
- Kapsabet ELCC No. 88 of 2021 (Formerly Eldoret ELCC No. E021 of 2021)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Thus, the application be and is hereby allowed in terms of consolidation of the two suits with costs in the cause,
For clarity, Kapsabet ELCC NO. 88 of 2021 shall be the lead file and to be heard de novo to meet the ends of justice
It is so ordered.
Issues in the judgment
#Counsel roles appear transposed in the record - Ms Tum is described as counsel for the '1st respondent/defendant' while Mr Nabasenge is described as counsel for the '1st defendant/respondent in the other suit'; the judgment also does not record any appearance for the 2nd and 3rd defendants.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kogo (Suing on her Behalf and as the Administrator of the Estate of the Late Sawe Kipruto Serem) v Keino & 2 others (Environment & Land Case E011 of 2024) [2025] KEELC 764 (KLR)", Case Analysis (2025). Kapsabet ELCC No. E011 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/764/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.