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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 6327 (KLR)

Mutai & another v Salim & 2 others; Mutai & another (Interested Parties) (Environment and Land Case E020 of 2023) [2025] KEELC 6327 (KLR)

Environment and Land Court
23 September 2025
GOG M A Ongondo
1,628 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed land buyers to join an ongoing suit as interested parties but refused their request for a temporary injunction against eviction.

What this practically means

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Executive summary

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By Notice of Motion dated 29th April 2025, two purchasers of one acre each out of land parcel Nandi/ndalat Settlement Scheme/95 sought a temporary injunction against the respondents, joinder as interested parties, and setting aside of the proceedings and resulting orders. They relied on sale agreements with the 1st plaintiff, the registered proprietor, and alleged threats of trespass and eviction. The respondents, biological children of the registered proprietor, opposed the application, contending the land is ancestral, that their mother was too ill to execute the 2017 agreement, and that a mediation settlement did not mention the applicants. The 2nd plaintiff supported the joinder, citing her medical and financial constraints and her letter of no objection to the sale. Written submissions were filed pursuant to Order 51 Rule 16. The court framed four issues: injunction, joinder, setting aside, and costs. Applying Giella v Cassman Brown and Mrao Ltd, it found the balance of convenience favoured status quo but declined the injunction. Relying on Order 1 Rule 10(2) and the Supreme Court's definition of an interested party in Communication Commission of Kenya, the court allowed joinder, holding it would ensure complete adjudication and prevent proliferated litigation. Setting aside was refused since the joinder allows the matter to proceed with all necessary parties. The application was found partially merited: joinder allowed, injunction and setting-aside prayers disallowed, with costs in the cause. Judgment delivered at Kapsabet on 23rd September 2025 by Hon. G M A Ongondo, Judge.

Key legal issues

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01

Joinder of applicants as interested parties

Holding

Joinder allowed; their presence is necessary for complete adjudication and prevents proliferated litigation

Reasoning

Applicants purchased portions of the suit land from the registered proprietor and are in occupation. Respondents claim the land is ancestral and held in trust, disputing the sale. The Supreme Court's definition of an interested party as one with a stake in the proceedings applies. Joinder will settle all questions, protect rights otherwise adversely affected and avoid multiplicity of suits.

p. 4
02

Temporary injunction

Holding

Refused; applicants did not establish the Giella thresholds for interim relief

Reasoning

The court recited the triple test in Giella v Cassman Brown and the Mrao definition of a prima facie case. Although applicants are in possession and the balance of convenience favours status quo, the court granted no injunction, effectively protecting possession through the suit and joinder instead.

p. 3
03

Setting aside proceedings and resulting orders

Holding

Refused; no compelling reason once joinder is granted

Reasoning

Having joined the applicants and maintained the status quo, the proceedings can continue with all necessary parties. Setting aside would serve no purpose and the consent decree complaint is better addressed within the continuing suit.

p. 4

Legal principles established

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  • The court may at any stage order addition of a party whose presence is necessary to effectually and completely adjudicate upon and settle all questions in the suit
  • An applicant for injunction must surmount the Giella hurdles sequentially, logically and distinctly

Court orders

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  1. 1.The prayers for temporary injunction and setting aside of proceedings are disallowed
  2. 2.Prayer for joinder of the applicants to the instant suit as stated in paragraph 1 (d) is allowed accordingly
  3. 3.Costs be in the cause
Jurisdiction invoked
Order 1 Rule 10(2) and Order 40 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, "Mutai & another v Salim & 2 others; Mutai & another (Interested Parties) (Environment and Land Case E020 of 2023) [2025] KEELC 6327 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6327/eng@2025-09-23

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