Adan & another v Gachari; Warui & 24 others (Proposed Interested Parties); Ngumbi (Third party) (Environment and Land Case 148 of 2018) [2025] KEELC 7130 (KLR)
The bottom line
#The Kajiado Environment and Land Court dismissed all three applications, confirming that post-judgment challenges to taxation or joinder of new parties face steep legal hurdles.
What this practically means
#Executive summary
#Key legal issues
#Proper channel for challenging a Certificate of Taxation
The Plaintiffs' application seeking to restrain execution of the Certificate of Taxation dated 9th May 2024 was legally misconceived and was struck out; the certificate remains valid and enforceable
The court held that a party aggrieved by a taxation decision must pursue a reference under paragraph 11 of the Advocates' Remuneration Order, following Re: Leisure Lodges Limited. What was before the court was not such a reference, so there was no legal basis for granting the stay or injunction sought.
Joinder of interested parties after final judgment
There is no legal basis for joining interested parties after final judgment; both applications by the Intended Interested Parties were dismissed
Relying on the Supreme Court's decision in Everton Coal Enterprises Ltd and the Court of Appeal in JMK vs MWM citing Tang Gas Distributors, the court held that joinder under Order 1 Rule 10(2) applies only to pending proceedings. The suit had been finally disposed of by judgment delivered on 30th May 2022, leaving nothing pending into which the proposed parties could be joined.
Functus officio and review of the judgment of 30th May 2022
The 1st Defendant's contention that the court cannot review its own final judgment for want of new evidence was not disturbed; no review was granted
The 1st Defendant argued that the court was functus officio post-judgment and that there was no discovery of new evidence justifying review. The court's disposition dismissing the joinder applications effectively endorsed this position, as the decree stood unaltered.
Legal principles established
#- An aggrieved party's recourse against a decision of a Taxing Officer is by way of reference under paragraph 11 of the Advocates' Remuneration Order, not a motion for stay of execution
- An application for joinder of parties can be filed only in pending proceedings; once a suit is finally disposed of with nothing more to be done, Order 1 Rule 10(2) becomes inapplicable
Court orders
#- 1.The Plaintiffs' Notice of Motion dated 29th October 2024 is struck out with costs to the 1st Defendant
- 2.The two applications by the Intended Interested Parties (Chamber Summonses dated 18th March 2025 and 24th April 2025) are dismissed with costs to the 1st Defendant
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Orders 1, 22 and 51 of the Civil Procedure Rules; Article 50 of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Adan & another v Gachari; Warui & 24 others (Proposed Interested Parties); Ngumbi (Third party) (Environment and Land Case 148 of 2018) [2025] KEELC 7130 (KLR)", Case Analysis (2025). ELC Case of 2018 (Kajiado) - number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7130/eng@2025-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.