Civil Procedure Act
6. Stay of suit
6. Stay of suit
No court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit or proceeding between the same parties, or between parties under whom they or any of them claim, litigating under the same title, where such suit or proceeding is pending in the same or any other court having jurisdiction in Kenya to grant the relief claimed.Explanation.—The pendency of a suit in a foreign court shall not preclude a court from trying a suit in which the same matters or any of them are in issue in such suit in such foreign court.[Act No. 10 of 1969, Sch.]Case law referring to this provision
- DJC v BKL (Civil Suit E021 of 2021) [2022] KEHC 10189 (KLR) (27 June 2022) (Ruling)
- Aura v Cabinet Secretary, Ministry of Health & 13 others (Constitutional Petition E473 of 2023) [2024] KEHC 8255 (KLR) (Constitutional and Human Rights) (12 July 2024) (Judgment)
- Commissioner of Domestic Taxes v Pevans East Africa Limited & 6 others (Tax Appeal E003 of 2019) [2022] KEHC 10392 (KLR) (Commercial and Tax) (13 May 2022) (Judgment)
- Nubian Rights Forum & 2 others v Attorney General & 6 others; Child Welfare Society & 8 others (Interested Parties) (Petition 56, 58 & 59 of 2019 (Consolidated)) [2020] KEHC 8772 (KLR) (Constitutional and Judicial Review) (30 January 2020) (Judgment)
- Senate of the Republic of Kenya & 4 others v Speaker of the National Assembly & 9 others [2020] KEHC 2263 (KLR)
Source: Kenya Law