Cherunya (Suing as the Legal Representative of the Estate of Kiptalam arap Cherunya) v Cherunya; Kithinji (Intended Interested Party) (Environment & Land Case 15 of 2023) [2025] KEELC 1070 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed the deceased seller's legal representative to join a land dispute where two buyers both claim purchases from the same deceased owner.
What this practically means
#Executive summary
#Key legal issues
#Whether the legal representative of the deceased original owner of the suit land is a necessary party to a dispute in which both the plaintiff and the defendant claim to have purchased the same land from the deceased
Yes - the proposed interested party is crucial for determining and settling the controversy, and the joinder application was allowed.
The court noted that both the plaintiff and the defendant admit the late John Kithinji was the initial registered owner and each claims to have bought the land from him for value. The plaintiff bought under a 1977 sale agreement but the deceased died before registration; the defendant is currently registered. The legal representative's presence was therefore necessary to effectually and conclusively determine the real issue in controversy, with no prejudice to the defendant who did not oppose the application.
The legal framework and limits for joinder of parties and interested parties
Under Order 1 of the Civil Procedure Rules joinder may be allowed at any stage where a common question of law or fact arises or the party is necessary, but may be refused where it would cause practical problems, delay, costs, or where the proposed cause of action is incompatible with the existing one.
The court set out the Order 1 framework, then applied the interested-party jurisprudence: an interested party is one with a stake in the proceedings (Trusted Societies of Human Rights Alliance; Muruatetu), but a mere interest is insufficient (Skov Estate). Joinder is permissible even after judgment (Bellevue Development) and contemplates pending proceedings (JMK v MWM). On these facts the deceased's legal representative satisfied the threshold.
Legal principles established
#- A party is properly joined as an interested party where their presence is necessary for the determination of the fundamental matter in dispute and to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
- A mere interest in proceedings is not enough; the proposed interested party must demonstrate that their presence will assist in the settlement of the questions involved in the suit.
- Joinder of parties is grounded on the natural justice principle that no person should be condemned unheard.
Court orders
#- 1.The proposed party, Helena Kithinji, is allowed to be joined as an interested party in the suit
- 2.Costs shall be in the cause
- Jurisdiction invoked
- Order 1 Rule 10 of the Civil Procedure Rules (joinder of parties), inherent power of the ELC over the suit before it
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cherunya (Suing as the Legal Representative of the Estate of Kiptalam arap Cherunya) v Cherunya; Kithinji (Intended Interested Party) (Environment & Land Case 15 of 2023) [2025] KEELC 1070 (KLR)", Case Analysis (2025). Application dated 24/5/2024 (suit number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1070/eng@2025-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.