Kibui & another v Kinunu & Njuguna (Being the Personal Representative of the Estate of Beth Watiri Kanja - Deceased) & 3 others (Environment and Land Case E069 of 2024) [2025] KEELC 7867 (KLR)
The bottom line
#The Thika Environment and Land Court dismissed landowners' bid to overturn a judgment because they filed in the wrong case, costing them money and time.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to stay or set aside a judgment and order issued in a separate, earlier case file
It does not. The impugned order of 17th January 2024 emanated from a distinct matter not transferred or consolidated with this suit, so the application was dismissed.
The court noted the present suit was filed on 9th May 2024, after the impugned judgment of 17th January 2024, meaning the adoption order belonged to a different case file. Though inherent power under Section 3A of the Civil Procedure Act allows a court to set aside orders obtained by fraud or want of service, that power must be exercised by the court that made the order, absent formal transfer or consolidation. Otherwise the court would purport to review a decision of a concurrent court. The Applicants' fair-hearing concerns were weighty but improperly brought.
Legal principles established
#- A court's inherent jurisdiction to set aside orders obtained by fraud, misrepresentation or want of service can only be invoked before the same court or within the same case in which the impugned order was made, unless the matter has been formally transferred or consolidated.
- In the absence of transfer or consolidation, a court may not sit on appeal or review a decision of another court of concurrent jurisdiction.
Court orders
#- 1.The Notice of Motion dated 3rd April 2025 is dismissed with costs
- Jurisdiction invoked
- Inherent jurisdiction under Section 3A of the Civil Procedure Act (invoked by the Applicants and considered by the court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kibui & another v Kinunu & Njuguna (Being the Personal Representative of the Estate of Beth Watiri Kanja - Deceased) & 3 others (Environment and Land Case E069 of 2024) [2025] KEELC 7867 (KLR)", Case Analysis (2025). Not stated on the face of the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7867/eng@2025-11-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.