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ELCStruck OutNot stated in the judgment (Plaint dated 27th November 2025)· [2026] KEELC 1591 (KLR)

Njoroge & 11 others v Teleposta Pension Scheme Registered Trustees & 2 others (Environment and Land Case E055 of 2025) (Environment and Land) [2026] KEELC 1591 (KLR)

Environment and Land Court
19 March 2026
8,221 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~33 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court struck out a damages suit over demolitions because the claim had already been decided in an earlier case.

What this practically means

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Executive summary

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The Plaintiffs filed suit on 27th November 2025 seeking declarations, general, special, aggravated and exemplary damages and a permanent injunction over violent night-time demolitions and evictions effected on 3rd and 11th November 2025 on suit properties at Gilgil (Gilgil/Karunga Block 9 and Ol-Begi Centre plots), allegedly orchestrated by the 1st Defendant, Teleposta Pension Scheme Registered Trustees, with police assistance pursuant to orders in BPRT Case No. 129 of 2025. The court issued interim status quo orders on 27th November 2025. The 1st Defendant then applied to strike out the suit as res judicata Nakuru ELC Case No. 225 of 2012 and its consolidated files, in which the 2020 judgment had declared Telposta the genuine owner of Gilgil/Township Block 4/82 and 83 and nullified the Plaintiffs' titles, with an appeal (Civil Appeal No. E118 of 2023) pending. The Plaintiffs counter-applied for contempt, alleging the 1st Defendant fenced off and completed demolitions in defiance of the status quo orders. Applying the conjunctive test in Dina Management Limited and Section 7 of the Civil Procedure Act, the court found the suit res judicata: the Plaintiffs were litigating under titles already declared null and void, and damages claims founded on those extinguished titles were barred, the proper avenue being the pending appeal. The Plaint dated 27th November 2025 and all applications were struck out with costs, and the interim orders were set aside. The contempt issue was not determined.

Key legal issues

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01

Whether the suit was res judicata Nakuru ELC Case No. 225 of 2012 and its consolidated files

Holding

Yes; the suit was struck out. The titles underpinning the claim had been nullified in the 2020 judgment, and the damages claim flowed from the same subject matter and effectively the same parties/title.

Reasoning

The court applied the conjunctive elements of res judicata from Section 7 of the Civil Procedure Act and Dina Management. The 2020 judgment in the consolidated suits nullified the plaintiffs' Gilgil/Karunga Block 9 titles, declared Telposta the owner, and ordered eviction. The plaintiffs were litigating under extinguished titles; a claim for damages founded on that title could not be prosecuted in a fresh suit while the appeal was pending before the Court of Appeal. Adding parties or causes of action could not defeat res judicata.

p. 15
02

Whether the 1st Defendant was in contempt of the status quo orders of 27th November 2025

Holding

Not determined; the issue fell away once the suit was struck out.

Reasoning

The court held that having found the suit res judicata, it need not determine the second issue. The contempt application, being part of the suit, was struck out together with the Plaint.

p. 15

Legal principles established

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  • The elements of res judicata are conjunctive and must all be established
  • Res judicata is a matter of substantive law and jurisdiction, not a technicality
  • Parties cannot evade res judicata by adding parties or causes of action in a subsequent suit

Court orders

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  1. 1.The Plaint dated 27th November 2025 struck out with costs for being res judicata Nakuru ELCLC No. 225 of 2012
  2. 2.The interim orders issued in the suit set aside
  3. 3.Costs of the suit awarded to the 1st Defendant
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court (Constitution and Environment and Land Court Act); suit lodged in the Environment and Land Court at Naivasha

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, "Njoroge & 11 others v Teleposta Pension Scheme Registered Trustees & 2 others (Environment and Land Case E055 of 2025)  (Environment and Land) [2026] KEELC 1591 (KLR)", Case Analysis (2026). Not stated in the judgment (Plaint dated 27th November 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1591/eng@2026-03-19

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