Perestroika Limited v Faraha & 3 others; Mulwa (Formally known as Rose Mwikali Wanyama) (Interested Party) (Environment and Land Case E028 of 2024) [2025] KEELC 5712 (KLR)

The court applied Order 1 Rule 10(2) and the Supreme Court's test in Communications Commission of Kenya v Royal Media Services, asking whether the intended party has a relevant stake and whether she would suffer prejudice if denied joinder. The Applicant alleged she was the original allottee of the suit land, that no valid transfer from her existed, and that the transfers relied upon were forgeries. The court found her interest over the suit property established for joinder purposes and that no prejudice would be suffered by the existing parties since joinder enables complete and effectual adjudication of all questions.

The Plaintiff/Respondent argued it held indefeasible title, had been paying land rent and rates, and had followed due process to recover a lost land register, and that the Applicant had not adduced evidence of her official change of name. The court held that despite these objections, the Applicant's serious allegations of fraud against the purported transfers meant joinder would result in complete settlement of all questions in the proceedings.