Republic v Business Premises Tribunal & another; ESR Executive Automobiles Limited & 2 others (Interested Parties) (Environment and Land Judicial Review Miscellaneous Application E249 of 2025) [2026] KEELC 646 (KLR) (30 January 2026) (Ruling)

Republic v Business Premises Tribunal & another; ESR Executive Automobiles Limited & 2 others (Interested Parties) (Environment and Land Judicial Review Miscellaneous Application E249 of 2025) [2026] KEELC 646 (KLR) (30 January 2026) (Ruling) Neutral citation: [2026] KEELC 646 (KLR) Republic of Kenya In the Environment and Land Court at Nairobi Environment and Land Judicial Review Miscellaneous Application E249 of 2025 TW Murigi, J January 30, 2026 IN THE MATTER OF ARTICLES 22(1), 23(1) AND (3), 35, 47, 50(2)(a) AND 53(1)(b) OF THE CONSTITIUTION OF KENYA 2010 AND IN THE MATTER OF THE CONSTITUTION OF KENYA 2010, THE ENVIRONMENT MANAGEMENT & CO-ORDINATION ACT NO. 6 OF 1999 AND IN THE MATTER OF THE ELC COURT (PRACTICE AND PROCEDURE RULES AND THE JUDIATURE ACT CAP 8, LAWS OF KENYA AND IN THE MATTER OF THE FAIR ADMINISTRATIVE ACTION ACT NO. 4 OF 2015 AND IN THE MATTER OF THE LANDLORD AND TENANT (SHOPS, HOTELS AND CATERING ESTABLISHMENTS) ACT 301 LAWS OF KENYA AND IN THE MATTER OF THE DOCTRINE OF STARE DECISIS AND IN THE MATTER OF THE DOCTRINE OF LEGITIMATE EXPECTATION Between Republic Applicant and Business Premises Tribunal 1st Respondent Khushi Motors Limited 2nd Respondent and ESR Executice Automobiles Limited Interested Party OCS Kilimani Police Station Interested Party Irene Adhiambo t/a Zasha Auctioneers Interested Party Ruling 1.Before this court are several applications filed by the parties that are pending for determination. 2.It has come to the Court's attention that the same parties are engaged in two other suits, namely, ELC Case No. E365 of 2025 and ELC JR E070 of 2025, touching on the same subject matter. 3.The court is therefore called upon at the onset to determine the proper procedural course to adopt so as to avoid conflicting decisions and an abuse of the court process. 4.This court is enjoined under Sections 1A and 1B of the [Civil Procedure Act](/akn/ke/act/1924/3) to facilitate the just, expeditious, proportionate, and affordable resolution of disputes. That duty necessarily includes preventing the fragmentation of disputes and guarding against parallel proceedings that may expose the court to the risk of issuing inconsistent or contradictory decisions. 5.Order 11 of the Civil Procedure Rules empowers this court to issue case management directions, including consolidation of suits, with the objective of saving judicial time and avoiding conflicting outcomes. 6.In the circumstances, this court finds that the interests of justice require that the issue of multiplicity of suits and applications be resolved before any substantive rulings are rendered. 7.Accordingly, all suits and applications filed between the parties touching on the suit matter shall be mentioned on 3rd February 2026 for further orders. **RULING DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS THIS 30****TH****DAY OF JANUARY 2026.****...........................****T. MURIGI****JUDGE** In The Presence Of:Karanja for the ApplicantsDick Wambua holding brief for Ms Sega for the 2nd RespondentAhmed– Court assistant