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ELCDismissednot stated in judgment (appeal filed 6/11/2023; notice of motion dated 13th May 2025)

Ramadhan v Makokha (Environment and Land Appeal E033 of 2023) [2025] KEELC 8227 (KLR)

Environment and Land Court (sitting at Kakamega)
27 November 2025
979 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court in Kakamega refused to pause an appeal, confirming that parties must pick one court and stick with it.

What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 13th May 2025 in an appeal before A. Nyukuri, Judge, at Kakamega, in which the appellant sought a stay of further proceedings in the appeal pending hearing and determination of Summons dated 5th November 2024 in Kakamega High Court Succession Cause No. 661 of 2013. The appellant's case was that a 2005 Matungu Land Disputes Tribunal award gave Ali Makokha Wangatia one acre out of parcel No. North Wanga/Matungu/985; that the award was adopted in Kakamega CMC MISC Award No. 39 of 2007; that she bought half an acre from Ali Makokha and settled thereon; and that Ali Makokha had filed summons seeking review and redistribution of the estate to reflect the award. The respondent opposed, arguing the appeal was stale, the appellant had not filed submissions, the High Court had already ruled in the succession cause, and the application was a delay tactic. The court framed a sole issue: whether the applicant met the threshold for stay of proceedings. Applying Article 159 of the Constitution and Kenya Wildlife Service v Mutembei (2019) eKLR, together with Halsbury's Laws and Gardiner and Lansdown, it held that the threshold is stringent because staying proceedings interferes with access to expeditious justice and fair trial. The applicant, who filed the appeal herself and showed no compelling material that justice required halting the proceedings, could not shuttle between forums. The application was dismissed with costs to the respondent.

Questions the Court framed

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

  1. 1.Whether the applicant has met the threshold for grant of stay of the proceedings in this matter

Key legal issues

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01

Threshold for stay of proceedings

Holding

The threshold is stringent; stay is granted only where the interests of justice require halting the proceedings, and the applicant failed to meet it

Reasoning

The court relied on Article 159 of the Constitution requiring expeditious justice, and on Kenya Wildlife Service v Mutembei (2019) eKLR noting that staying proceedings detrimentally interferes with the right of access to expeditious justice and fair trial under Articles 48 and 50. Citing Halsbury's Laws and Gardiner and Lansdown, the court held stay is warranted only where grave injustice would otherwise result. The applicant, having filed the appeal herself and adduced no compelling material, failed the threshold.

p. 2
02

Party cannot litigate the same issue in two forums simultaneously

Holding

A party must elect the forum in which her claim will be determined and cannot shuttle between this court and the High Court

Reasoning

The appellant sought to await the outcome of summons for review and redistribution in Succession Cause No. 661 of 2013 filed by Ali Makokha Wangatia, whose tribunal award underpinned her counterclaim. The court held that the applicant and Ali Makokha cannot pursue parallel proceedings and, since the respondent chose this court for his claim, the stay application was an unjustified delay tactic.

p. 3

Legal principles established

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  • Stay of proceedings is a serious interruption of a party's right to litigate and should not be imposed unless the proceedings ought not, beyond reasonable doubt, be allowed to continue
  • Stay of proceedings will ordinarily not be granted unless proceeding with the matter will result in grave injustice or justice cannot otherwise be attained

Court orders

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  1. 1.The application dated 13th May 2025 is dismissed with costs to the respondent
  2. 2.It is so ordered

The bench

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

majority

Wrote the judgment

On appeal from
Lower court (Kakamega CMC) - decision granting respondent vacant possession
null
Jurisdiction invoked
Appellate jurisdiction over the subordinate court decision; application under the court's inherent powers to stay its own proceedings

Relief refused

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Stay of further proceedings in this appeal pending hearing and determination of Summons dated 5th November 2024 in Kakamega High Court Succession Cause No. 661 of 2013

Applicant failed to demonstrate beyond reasonable doubt that justice would not be served if proceedings continued; she cannot shuttle between courts and must choose a forum

p. 3

Costs

Application dismissed with costs to the respondent

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.

Therefore, I hereby dismiss the application dated 13th May 2025 with costs to the respondent.
p. 3Final orders - dismissal of stay application
an order for stay of proceedings ought to be granted only where the interests of justice would require that proceedings be halted.
p. 2Threshold for stay of proceedings
Stay of proceedings is a serious, grave and fundamental interruption in the right that a party has to conduct his litigation towards the trial
p. 2Seriousness of stay of proceedings (Halsbury's)
The applicant and by extension Ali Makokha cannot be shuttling between this court and the High Court. She has to make up her mind on where her suit will be heard.
p. 3Election of forum

Issues in the judgment

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minor

Judgment alternates gendered references to the appellant ('the appellant who has since established a homestead' and 'she argues' vs 'he purchased') and the heading frames the application as by 'the appellant' while the analysis refers to 'the applicant'

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, "Ramadhan v Makokha (Environment and Land Appeal E033 of 2023) [2025] KEELC 8227 (KLR)", Case Analysis (2025). not stated in judgment (appeal filed 6/11/2023; notice of motion dated 13th May 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8227/eng@2025-11-27

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