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ELCDismissed· [2025] KEELC 3494 (KLR)

Gambella Investment Limited v Registered Trustees of the Pentecostal Assemblies of God; Oloo & Oloo Advocates LLP (Intended Interested Party) (Environment & Land Case E312 of 2024) [2025] KEELC 3494 (KLR)

Environment and Land Court (not expressly named in the judgment excerpt)
30 April 2025
JKJ.G. Kemei
2,525 words in judgment
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The bottom line

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A Kenyan court refused to join a law firm as an interested party because the case had already been closed by a consent judgment.

What this practically means

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Executive summary

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This ruling by J.G. Kemei J, delivered in Nairobi on 30 April 2025, determined an application dated 28 January 2025 by Ms. Oloo & Oloo Advocates LLP seeking joinder as an Interested Party. The firm, formerly instructed to act for the Defendant, had signed a consent dated 29 August 2024 which was adopted as a consent judgment on 23 September 2024. After Justice Mugo's ruling of 16 January 2025 allowed new advocates to come on record for the Defendant, the incoming firms filed applications seeking to set aside the consent, levelling allegations of fraud and forgery against the Applicant. The Applicant argued it had an identifiable stake in the pending setting-aside application and needed party status to contest the fraud allegations and call evidence, since as a mere witness it could not challenge them. The Defendant opposed, contending an advocate has no proprietary or justiciable stake in a dispute over the suit property and that joinder would circumvent Rule 9 of the Advocates Practice Rules. The court framed one issue: whether the Intended Interested Party should be joined. Applying Order 1 Rule 10(2), the Supreme Court's definition of an interested party and the Muruatetu criteria, the court held that joinder is only available in pending, live proceedings. Since the consent judgment had been adopted on 23 September 2024 and the case closed, there were no pending proceedings in which to join the Applicant. The application was dismissed with costs to the respondents.

Key legal issues

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01

Whether the Intended Interested Party (former advocate for the Defendant) should be joined as an Interested Party

Holding

The application was unmerited because the proceedings were no longer pending; a consent judgment had been adopted on 23/9/2024 and the case closed, so there was no live suit in which joinder could occur

Reasoning

The court set out the test for interested party joinder from the Supreme Court in Communications Commission of Kenya and the Muruatetu elements: identifiable personal interest, demonstrable prejudice from non-joinder, and distinct submissions. It then held a threshold precondition is that the proceedings must be alive and pending. Since the consent judgment of 23/9/2024 closed the case, and any attempt to set it aside had not revived pending proceedings for joinder purposes, the application failed and was dismissed with costs.

p. 6

Legal principles established

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  • An application for joinder under Order 1 Rule 10(2) can only be made in pending, live proceedings; once a suit has been finally disposed of, the rule is inapplicable

Court orders

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  1. 1.The application dated 28/01/2025 for joinder of Ms. Oloo & Oloo Advocates LLP as Interested Party is dismissed
  2. 2.Costs of the application awarded to the respondents

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 3A
  • Civil Procedure RulesOrder 1 Rule 10(2); Rule 14; Rule 25
  • Advocates Practice RulesRule 9

Cases cited (8)

  • Communications Commission of Kenya and 4 Others vs Royal Media Services Limited & 7 Others
  • Meme v. Republic
    [2004] 1 EA 124
  • Francis K. Muruatetu and Another vs. Republic & 5 Others
    (2016) eKLR
  • Florence Nafula Ayodi & 5 Others vs John Tabalya Mukite & Another and Benson Girenge Kidiavai & 67 Others
    [2021] eKLR
  • Leonard Kimeu Mwanthi v Rukaria M'twerandu M'iringu; Nathaniel Kithinji Ikiugu & 4 others (Intended Interested Parties)
    [2021] eKLR
  • Central Kenya Ltd. V. Trust Bank & 4 Others
    CA NO. 222 OF 1998
  • JMK v. MWM & Another
    (2015) eKLR
  • Tanga Gas Distributors Ltd Vs Said & Others
    (2014) E. A. 448
Jurisdiction invoked
Sections 1A and 3A of the Civil Procedure Act and Order 1 Rule 10(2), Rules 14 and 25 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Gambella Investment Limited v Registered Trustees of the Pentecostal Assemblies of God; Oloo & Oloo Advocates LLP (Intended Interested Party) (Environment & Land Case E312 of 2024) [2025] KEELC 3494 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3494/eng@2025-04-30

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