Drumvale Farmers Cooperative Society Limited v Kimani & 3 others (Environment and Land Case E504 of 2024) [2026] KEELC 179 (KLR)
The bottom line
#Kenya's Environment and Land Court stayed a duplicate land suit rather than striking it out, confirming that sub judice only pauses a case.
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 suit is sub judice
- 2.Whether the suit is an abuse of the court process
- 3.Whether the court has territorial jurisdiction
- 4.Whether the suit contravenes section 28 of the Co-operative Societies Act
Key legal issues
#Whether the suit is sub judice to ELC 42 OF 2017
The suit is sub judice; a determination in ELC 42 OF 2017 on amalgamation would touch on the ownership of the suit properties and the root of the defendants' titles, and the plaintiffs in that matter are members of the plaintiff herein
The court examined the ruling in ELC 42 OF 2017 and found it had not adjudicated amalgamation but merely directed parties to prove how the properties were amalgamated at trial. Since that issue remains pending and would determine ownership of the suit properties and the validity of the defendants' titles, and since the plaintiffs in ELC 42 OF 2017 are members of the plaintiff here, section 6's requirements of substantially the same issue and same parties/privies are met. The suit was therefore stayed, not struck out.
Whether the court may strike out a suit on sub judice grounds
No; the only remedy under section 6 is a stay of proceedings
Section 6 of the Civil Procedure Act bars a court from proceeding with the trial of a later suit where the matter is directly and substantially in issue in a previously instituted suit between the same parties. The court held that this bar limits the court to staying the later proceedings; it does not confer jurisdiction to strike out the suit outright. Accordingly, the applicants' relief of striking out was refused and a stay granted instead.
Legal principles established
#- To prove sub judice under section 6 of the Civil Procedure Act there must be a pending suit in a competent court, directly and substantially the same issue, and the same parties or their privies litigating under the same title
- The proper remedy where sub judice is established is a stay of proceedings, not striking out
Court orders
#- 1.The present suit be and is hereby stayed pending the outcome and/or directions in ELC 42 OF 2017 on account of being sub judice
- 2.There shall be no orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Environment and Land Court jurisdiction under the ELC Act; application brought by notice of motion under the Civil Procedure Act (sections 6 and 15 invoked)
Relief refused
#Striking out of the plaintiff's suit
Section 6 of the Civil Procedure Act only bars proceeding with the trial of a later similar suit; the court lacks power to strike out a suit on the sub judice rule
Stay or transfer on territorial jurisdiction grounds (Machakos)
The court stayed the suit on sub judice grounds; no striking-out or transfer order on territorial jurisdiction was made
Costs
There shall be no orders as to costs.
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.
The present suit be and is hereby stayed pending the outcome and/or directions in ELC 42 OF 2017 on account of being sub judice.
There shall be no orders as to costs.
The court has no jurisdiction under section 6 of the Civil Procedure Act to strike out a suit on the basis of the sub judice rule.
This therefore implies that this court cannot move to issue the orders in the plaint before the issues as in ELC 42 OF 2017 touching on amalgamation have been heard and decided upon making this instant suit sub judice to ELC 42 of 2017
Issues in the judgment
#Paragraph 24, within the court's own analysis, reads as submissions ('I submit') rather than a holding, blending advocacy language into the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Drumvale Farmers Cooperative Society Limited v Kimani & 3 others (Environment and Land Case E504 of 2024) [2026] KEELC 179 (KLR)", Case Analysis (2026). ELC (Nairobi) – suit filed by plaint dated 3rd December 2023 (number not stated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/179/eng@2026-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.