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ELCDismissedNot stated in the excerpt provided· [2025] KEELC 6171 (KLR)

Mavoko Land Development Co. Ltd v County Government of Machakos & 4 others (Environment and Land Case E068 of 2024) [2025] KEELC 6171 (KLR)

Environment and Land Court
23 September 2025
NMN.A. MATHEKA
1,062 words in judgment
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The bottom line

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Kenya's Environment and Land Court refused to remove a defendant from a land dispute, ruling the claims against him raised genuine issues that must be decided at a full trial.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Machakos (N.A. Matheka, J) on a Notice of Motion dated 22nd October 2024 by the 3rd Defendant, Erick Matheka Ndunda, brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Orders 1 Rule 10(2) and 2 Rule 15(1)(a), (c) and (d) of the Civil Procedure Rules, 2010. The applicant sought striking out of the Plaintiff's suit against him, contending that the claim disclosed no reasonable cause of action, was vexatious and a misjoinder, and that he was a stranger to the events of 1st July 2024 on the suit properties (plots in Athi-River/Athi River Block 18) and had no legal interest in them. The Plaintiff responded that the 3rd Defendant supervised the invasion, trespass and demolitions and threatened the Plaintiff's agents and servants. The court set out the Order 2 Rule 15 framework, noted that no evidence is admissible on a no-reasonable-cause-of-action ground, and reaffirmed that the striking-out power must be exercised sparingly and cautiously, applying D.T. Dobie & Company (Kenya) Ltd v Muchina (1982) KLR 1. Finding that the Plaintiff had raised a prima facie case and triable issues against the 3rd Defendant suitable for determination at full trial, the court held the application unmerited, dismissed it, and ordered costs to be in the cause.

Key legal issues

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01

Whether the suit against the 3rd Defendant should be struck out for disclosing no reasonable cause of action and for misjoinder

Holding

The application is not merited; the Plaintiff raised a prima facie case and triable issues against the 3rd Defendant, which must go to full trial

Reasoning

Applying Order 2 Rule 15 and the D.T. Dobie principle, the court held that striking-out power must be exercised sparingly. The Respondent pleaded that the 3rd Defendant supervised the invasion, trespass and demolitions on the plots and threatened the Plaintiff's agents. On those pleadings, triable issues exist that can only be resolved at full trial; striking out would be premature.

p. 3

Legal principles established

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  • The power to strike out pleadings is to be exercised sparingly and cautiously; a suit should not be summarily dismissed if it shows even a semblance of a cause of action capable of being cured by amendment
  • The main consideration in a striking-out application is whether triable issues have been raised
  • On an application under Order 2 Rule 15(1)(a), no evidence is admissible; it must be evident from the pleadings themselves that no reasonable cause of action is disclosed

Court orders

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  1. 1.The 3rd Defendant's application dated 22nd October 2024 is dismissed
  2. 2.Costs to be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure Rules, 2010Order 1 Rule 10(2)
  • Civil Procedure Rules, 2010Order 2 Rule 15(1)(a), (c) and (d) and Order 2 Rule 15(2)

Cases cited (1)

  • D.T. Dobie & Company (Kenya) Ltd. vs. Muchina
    (1982) KLR 1
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Order 1 Rule 10(2) and Order 2 Rule 15(1)(a), (c) and (d) of the Civil Procedure Rules, 2010

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, "Mavoko Land Development Co. Ltd v County Government of Machakos & 4 others (Environment and Land Case E068 of 2024) [2025] KEELC 6171 (KLR)", Case Analysis (2025). Not stated in the excerpt provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6171/eng@2025-09-23

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