Northern Rangelands Trust v Osman & 164 (Suing on their own behalf and on behalf of Merti Sub County, Chari and Cherabi Wards Isiolo County) & another
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Kenya Wildlife Conservancies Association should be joined in the appeal as an interested party
- 2.Whether the applicant has a recognizable stake and interest in the appeal
- 3.Whether joinder would cause prejudice to the existing parties
Key legal issues
#Threshold for joinder of an interested party at the appellate stage
The applicant met the threshold by demonstrating a demonstrable stake and likely prejudice if excluded; the opposing party failed to show any prejudice from joinder.
The court applied the Rule 2 definition of 'interested party' in the Court of Appeal Rules and the Supreme Court's Trusted Society and Muruatetu principles. The unchallenged affidavit of Dickson Kaelo showed the applicant is a registered society mandated to represent the conservancy network, and that the ELC judgment may have ramifications for its members. The 1st respondent showed no prejudice from joinder, whereas the applicant showed likely prejudice if locked out. Belatedness alone did not defeat the application.
Absence of an express procedural rule for joinder in the Court of Appeal Rules
Unlike the Supreme Court Rules (Rule 25), the Court of Appeal Rules contain no express provision, but the Rule 2 definition of 'interested party' suffices to permit joinder on application.
The court noted the interpretive provision in Rule 2 defines an interested party as a person with an identifiable stake allowed by the court upon application to appear and address it. This definition resonates with the Supreme Court's Trusted Society pronouncement, providing a sufficient basis to entertain the joinder application despite the absence of an equivalent express rule.
Legal principles established
#- An interested party is one with an identifiable stake, legal interest or duty in the proceedings who will be affected by the decision either way, and may be joined upon application to address the court on a matter of law or fact.
- An applicant for joinder as an interested party must demonstrate a stake in the proceedings, likely prejudice if excluded, and that its interest will not otherwise be well articulated.
Court orders
#- 1.Prayer 2 of the application allowed; the applicant is granted leave to be joined in the appeal as an interested party
- 2.The applicant is at liberty to appear and make submissions during the hearing of the appeal
- 3.The appeal shall be mentioned before the Deputy Registrar for purposes of directions on filing and service of written submissions
- 4.No orders as to costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
Wrote the judgment
Wrote the judgment
- On appeal from
- Environment and Land Court of Kenya at Isiolo
- ELC Petition No. E006 of 2021
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal to admit interested parties, read with Rule 2 of the Court of Appeal Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In conclusion, prayer 2 of the application in which the applicant seeks leave to be joined in these proceedings as an interested party is hereby allowed.
The applicant is at liberty to appear and make submissions during the hearing of the appeal.
We make no orders as to costs of the application.
the 1st respondent has not in our view shown what prejudice it will suffer on account of joinder of the applicant in the appeal. On the contrary, the applicant has made out a case of likely prejudice if locked out.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Northern Rangelands Trust v Osman & 164 (Suing on their own behalf and on behalf of Merti Sub County, Chari and Cherabi Wards Isiolo County) & another", Case Analysis (2026). Civil Appeal (Application) E090 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1774/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.