The sub judice doctrine allows a court to decline or stay proceedings where a matter substantially similar to the one before it is already pending in another court, to avoid conflicting decisions on the same issue.
Kenyan courts apply the doctrine cautiously. It is not a bar to jurisdiction, but a discretionary tool used where the earlier and later suits involve the same parties and substantially the same subject matter and issues for determination.
Parties considering filing a related or follow-on suit should first assess whether an existing case covers the same ground, as a sub judice objection can delay proceedings and add unnecessary cost.
This article is for general information and does not constitute legal advice. For advice on a specific matter, please contact our office.
