Buses v Choge (Land Originating Summons E007 of 2025) [2026] KEELC 5986 (KLR) (23 September 2026) (Ruling) Neutral citation: [2026] KEELC 5986 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KAPSABET LAND ORIGINATING SUMMONS E007 OF 2025 GMA ONGONDO, J SEPTEMBER 23, 2026 BETWEEN PAULINE CHEPTANUI BUSES ................................................................ PLAINTIFF AND JENIFER JELAGAT CHOGE ................................................................. DEFENDANT RULING 1. 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 by the plainti through Rotich, Langat and Partners Advocates on the grounds which include locus standi and res judicata. 2. Notably, the defendant herein is the same defendant in Kapsabet ELCLOS No. E009 of 2026 while the suit property, LR No. Nandi/Ndalat/281 in that suit is the same suit land herein. 3. Thus, this Honourable Court subscribes to the Supreme Court decision in Law Society of Kenya vs Centre for Human Rights and Democracy and 12 others {2014] KESC 29 (KLR) that that the essence of consolidation is to facilitate ecient, expeditious, fairness and impartial delivery of justice without occasioning prejudice to any party. 4. Further to this Honourable Court’s observation at paragraphs 8 and 9 of the ruling delivered on 22nd July 2026 in Kapsabet ELCLOS No. E009 of 2026, the consolidation of that suit with instant suit would be necessary as I subscribe to Law Society of Kenya case (supra) as the two matters relate to common questions or issues. 5. Since the parties have led and exchanged submissions in respect of the preliminary objection herein and in view of the related preliminary objection pending hearing and determination in Kapsabet ELCLOS No. E009 of 2026 as well as the ends of justice as already noted, I hereby direct thus; https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5986/eng@2026-09-23 1
page 1 of 2
a. Kapsabet ELCLOS No. E009 of 2026 be consolidated with this suit which shall be the lead le. b. Pursuant to the said consolidation, the defendant’s counsel to le and serve submissions and or further submissions in respect of the two preliminary objections within the next three days from today and the plainti’s counsel to le and serve such submissions within days upon service. 6. The consolidated suits xed for mention 1st October 2026 to conrm compliance in regard to the preliminary objections and for further directions. 7. It is so ordered. DELIVERED AND DATED AT KAPSABET THIS 23RD DAY OF SEPTEMBER 2026. HON. G M A ONGONDO JUDGE In the presence of; Mr Joshua Lagat learned counsel for the defendant Ms Barno learned counsel for the plainti Walter KIpkorir, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5986/eng@2026-09-23 2
page 2 of 2