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ELCAllowedJudicial Review proceedings, Kajiado (Notice of Motion dated 1st July 2025)· [2025] KEELC 7125 (KLR)

Mbuthi Investments Company Limited & 13 others v Kajiado West District Land Registrar & 2 others; Chief of Olchoro Onyore Location & 5 others (Interested Parties); Partai (Intended Interested Party) (Environment and Land Judicial Review Case E005 of 2025) [2025] KEELC 7125 (KLR)

Environment and Land Court
14 October 2025
MMM.D. Mwangi
1,708 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kajiado court confirmed that neighbours whose land borders a disputed parcel can join court proceedings to protect their property rights.

What this practically means

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Executive summary

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This is a ruling on a Notice of Motion dated 1st July 2025 by Simitia Ole Partai, the 7th Intended Interested Party, seeking joinder in ongoing judicial review proceedings at the Environment and Land Court, Kajiado. The judicial review challenge is directed at the 1st Respondent's summons dated 30th January 2025 scheduling a site visit to fix boundaries of numerous parcels including Kajiado/Olchoro-Onyore/126, following boundary dispute applications by the 3rd Interested Party. The applicant, registered proprietor of Kajiado/Olchoro-Onyore/2880 (99.37 hectares), adjacent to parcel 126, asserted his proprietary rights under Articles 40 and 47 would be adversely affected if excluded, and that he had been summoned in related boundary proceedings. The 4th and 5th Interested Parties did not oppose; the Ex parte Applicants opposed, arguing he was not among the persons summoned, lacked documentary support and bonafide interest, and that joinder would cause delay and prejudice. Only the applicant filed submissions. Framing the sole issue as whether the applicant met the threshold for joinder, the court applied Order 1 Rule 10(2), the Court of Appeal's decision in JMK v MWM (citing Tang Gas Distributors) and the Supreme Court's Muruatetu principles on interested parties. Noting the sketch map showing the applicant's parcel bordering the disputed parcels and earlier 2018 summons naming him as owner of parcel 2880, the court held his interest identifiable, proximate and likely to be affected. The application was allowed with costs in the cause.

Key legal issues

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Whether the 7th Intended Interested Party met the threshold for joinder as an interested party

Holding

The court allowed joinder, finding his proprietary rights, as owner of Kajiado/Olchoro-Onyore/2880 adjacent to the disputed parcel 126, were likely to be affected by the outcome.

Reasoning

Applying Order 1 Rule 10(2), the JMK v MWM test on joinder in pending proceedings and the Muruatetu interested-party principles, the court found the applicant's interest identifiable, proximate and not remote. A sketch map showed his parcel bordering the parcels in dispute, and earlier 2018 summons in boundary proceedings had included him as owner of parcel 2880, showing a genuine, pre-existing interest in the boundary determination exercise under challenge.

p. 5

Legal principles established

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  • Principles for joinder of an interested party: personal identifiable and proximate interest, prejudice if non-joined, and the case the party intends to make
  • The power to add a party may be exercised at any stage of proceedings

Court orders

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  1. 1.The 7th Intended Interested Party's Notice of Motion dated 1st July 2025 is allowed as prayed; the 7th Intended Interested Party is joined to the proceedings as an interested party
  2. 2.The costs of the application shall be in the cause
Jurisdiction invoked
Sections 1, 1A, 3 and 3A of the Civil Procedure Act and Order 1 Rule 10(2) 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, "Mbuthi Investments Company Limited & 13 others v Kajiado West District Land Registrar & 2 others; Chief of Olchoro Onyore Location & 5 others (Interested Parties); Partai (Intended Interested Party) (Environment and Land Judicial Review Case E005 of 2025) [2025] KEELC 7125 (KLR)", Case Analysis (2025). Judicial Review proceedings, Kajiado (Notice of Motion dated 1st July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7125/eng@2025-10-14

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