Atati v Ethics and Anti-Corruption Commission; Mwaita & another (Interested Parties) (Civil Application E088 of 2024) [2025] KECA 2244 (KLR) (19 December 2025) (Ruling)

Facts

The applicant, Bernard Atati, challenged the cancellation of his land registration certificate (L.R. No. MN/1/1408) by the Mombasa Land Registrar. The Ethics and Anti-Corruption Commission (1st respondent) initiated separate proceedings against Atati in the Mombasa Environment and Land Court (ELC). The applicant objected to these proceedings, claiming the 1st respondent's suit was res judicata due to a previous judicial review in the Mombasa High Court.

Issues

1. Whether the applicant's objection to the 1st respondent's proceedings is valid due to the previous judicial review.
2. Whether the applicant's application for a stay of proceedings is warranted to avoid prejudicing the outcome of the appeal.

Reasoning

The Court held that the applicant's objection to the 1st respondent's proceedings was not valid as the previous judicial review did not render the 1st respondent's suit res judicata. The Court also noted that failure to grant a stay will not prejudice the applicant, and it is in the interest of justice to hear the ELC case to its conclusion.

Outcome

The applicant's application for a stay of proceedings was dismissed with no order as to costs.

Authorities cited