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ELCDismissedCivil Case No. 21 of 2012 (as referenced in the judgment; Kerugoya ELC)· [2025] KEELC 936 (KLR)

Njogu & 2 others v Githinji & 2 others; Ngiricha & 4 others (Intended Interested Party) (Environment & Land Case 151 of 2013) [2025] KEELC 936 (KLR)

Environment and Land Court
27 February 2025
JMJ. M. MUTUNGI
2,603 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Kerugoya ruled that you cannot join new parties to a concluded case—you must substitute a deceased party's legal representative instead.

What this practically means

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Executive summary

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The Plaintiffs/Applicants in Civil Case No. 21 of 2012 filed a Notice of Motion dated 13th February 2024 seeking to join the Intended Interested Parties to facilitate implementation of the judgment delivered on 30th September 2015. They cited existing restraining orders over Land Parcel Inoi/Kerugoya/250/16, unpaid land rates of Kshs 100,000/-, an allegedly unequal subdivision of the suit land into plots A and B, an allegedly forged change of name on the electricity bill, and losses from the closure of a butchery, hotel and kitchen. The Intended Interested Parties opposed the application, pointing out that judgment had been delivered on 30th September 2015; that a subsequent judgment in Kerugoya Chief Magistrate ELC No. 86 of 2019 (delivered 2nd December 2021) had already subdivided the land 4/5 to the Intended Interested Parties and 1/5 to the Applicants; that the 1st and 2nd Defendants had died without substitution; and that the Applicants had themselves registered the land and taken over the business. The court framed one issue: whether the joinder application was merited. Relying on Order 1 Rule 10(2), the Muruatetu principles, and authority that joinder applies only to pending proceedings, the court held that although further orders awaited the taking of accounts, the correct procedure for the deceased Defendants was substitution under Order 24 Rules (3) and (4), and Section 82 of the Law of Succession Act vests capacity only in duly appointed personal legal representatives, which the Applicants did not demonstrate. The application dated 13th February 2024 was dismissed with costs.

Key legal issues

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01

Whether the Intended Interested Parties should be joined after judgment in the suit

Holding

The application for joinder was dismissed because the proceedings had concluded by judgment on 30th September 2015 and the applicants had not shown the intended parties were personal legal representatives of the deceased defendants.

Reasoning

The court held that joinder under Order 1 Rule 10(2) applies to pending proceedings. Judgment had been delivered on 30th September 2015 and though further orders awaited a report on taking of accounts, the proper route for dealing with the deceased defendants was substitution under Order 24 Rules (3) and (4), not joinder of beneficiaries as interested parties. The applicants also failed to disclose the concluded Kerugoya CM ELC No. 86 of 2019 judgment allocating the land 4/5 to 1/5.

p. 5
02

Whether the Applicants could join the beneficiaries of the deceased Defendants as Interested Parties

Holding

No; the proper procedure was substitution of deceased defendants by their personal legal representatives under Order 24 Rules (3) and (4).

Reasoning

The court found it 'puzzling' that the applicants sought joinder of beneficiaries rather than substitution. Section 82 of the Law of Succession Act vests capacity to act for a deceased estate only in a duly appointed personal legal representative, and the applicants did not demonstrate the intended interested parties held such appointment.

p. 5

Legal principles established

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  • Joinder under Order 1 Rule 10(2) is available only where proceedings are still pending before the Court.
  • Before a party is joined in a matter, the court must satisfy itself that the proceedings are alive.
  • Only a duly appointed personal legal representative has capacity to act on behalf of a deceased's estate under Section 82 of the Law of Succession Act.

Court orders

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  1. 1.The application dated 13th February 2024 is dismissed with costs to the Intended Interested Parties.
Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules, 2010 (as amended in 2020)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Njogu & 2 others v Githinji & 2 others; Ngiricha & 4 others (Intended Interested Party) (Environment & Land Case 151 of 2013) [2025] KEELC 936 (KLR)", Case Analysis (2025). Civil Case No. 21 of 2012 (as referenced in the judgment; Kerugoya ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/936/eng@2025-02-27

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.