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ELCOtherLand Originating Summons E007 of 2025

Buses v Choge (Land Originating Summons E007 of 2025)

Environment and Land Court
23 September 2026
440 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kapsabet land court merged two related land disputes over the same property into one case, postponing a decision on whether the suit should be struck out.

What this practically means

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Executive summary

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This is a ruling by GMA Ongondo, J of the Environment and Land Court at Kapsabet in Land Originating Summons E007 of 2025, Pauline Cheptanui Buses v Jenifer Jelagat Choge. The defendant, through Cheruiyot and Partners Advocates, filed a preliminary objection dated 25th April 2026 seeking to strike out the plaintiff's originating summons (dated 23rd July 2025) on grounds including locus standi and res judicata. Both parties filed and exchanged submissions on the objection. The court observed that the defendant is the same defendant in Kapsabet ELCLOS No. E009 of 2026 and that the suit property, LR No. Nandi/Ndalat/281, is the same in both matters. Relying on the Supreme Court's decision in Law Society of Kenya v Centre for Human Rights and Democracy and 12 others [2014] KESC 29 (KLR), and on its own observations in a ruling delivered on 22nd July 2026 in the companion suit, the court held that consolidation was necessary because the two matters raise common questions or issues and consolidation facilitates efficient, expeditious, fair and impartial delivery of justice without prejudice. The court ordered that Kapsabet ELCLOS No. E009 of 2026 be consolidated with this suit, which would be the lead file; directed the defendant's counsel to file and serve submissions or further submissions on the two preliminary objections within three days, and the plaintiff's counsel to file submissions upon service; and fixed the consolidated suits for mention on 1st October 2026 to confirm compliance and for further directions. The preliminary objection itself was not determined at this stage. No costs order was made.

Questions the Court framed

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

  1. 1.Whether the defendant's preliminary objection on locus standi and res judicata should strike out the suit
  2. 2.Whether this suit should be consolidated with Kapsabet ELCLOS No. E009 of 2026

Key legal issues

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01

Consolidation of related suits

Holding

The court consolidated the two suits because they involve the same parties, the same suit property and common questions of law and fact

Reasoning

The defendant in this suit is the same defendant in Kapsabet ELCLOS No. E009 of 2026, and the suit property LR No. Nandi/Ndalat/281 is the same in both matters. Relying on the Law Society of Kenya v Centre for Human Rights and Democracy decision of the Supreme Court, the court held that consolidation serves efficiency and fairness, and noted its earlier observations in the 22nd July 2026 ruling in the companion suit.

p. 1
02

Preliminary objection on locus standi and res judicata

Holding

The preliminary objection was not determined at this stage; the court directed that submissions be filed in respect of both preliminary objections after consolidation

Reasoning

The defendant filed a preliminary objection dated 25th April 2026 seeking to strike out the suit on grounds including locus standi and res judicata. Both parties had filed and exchanged submissions, but rather than rule on the objection, the court consolidated the suits and directed further submissions on the two preliminary objections pending in both files, with a mention date for compliance and directions.

Legal principles established

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  • Consolidation of suits is to facilitate efficient, expeditious, fair and impartial delivery of justice without occasioning prejudice to any party

Court orders

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  1. 1.Kapsabet ELCLOS No. E009 of 2026 be consolidated with this suit, which shall be the lead file
  2. 2.Defendant's counsel to file and serve submissions or further submissions on the two preliminary objections within three days
  3. 3.Plaintiff's counsel to file and serve submissions within days upon service
  4. 4.Consolidated suits fixed for mention on 1st October 2026 to confirm compliance and for further directions

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction under Article 162(2)(b) of the Constitution (Environment and Land Court) - not expressly stated in the ruling
Consolidated with
Kapsabet ELCLOS No. E009 of 2026

Relief refused

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Immediate determination or striking out of the suit on the preliminary objection

Court deferred the preliminary objections to be handled after consolidation, with submissions to be filed in both matters

Costs

No costs order made

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.

Kapsabet ELCLOS No. E009 of 2026 be consolidated with this suit which shall be the lead file.
p. 2consolidation order
the essence of consolidation is to facilitate efficient, expeditious, fairness and impartial delivery of justice without occasioning prejudice to any party
p. 1principle of consolidation
the defendant through Cheruiyot and Partners Advocates generated a preliminary objection dated 25th April 2026 seeking to strike out the instant suit instituted by way of an originating summons dated 23rd July 2025
p. 1preliminary objection on locus standi and res judicata

Issues in the judgment

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minor

Companion suit number E009 of 2026 postdates this 2025 suit, an apparent anomaly in numbering

minor

Filing deadline for plaintiff's submissions is incomplete

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, "Buses v Choge (Land Originating Summons E007 of 2025)", Case Analysis (2026). Land Originating Summons E007 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5986/eng@2026-09-23

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