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ELCDismissedELC Case of 2018 (Kajiado) - number not stated in judgment· [2025] KEELC 7130 (KLR)

Adan & another v Gachari; Warui & 24 others (Proposed Interested Parties); Ngumbi (Third party) (Environment and Land Case 148 of 2018) [2025] KEELC 7130 (KLR)

Environment and Land Court
16 October 2025
3,060 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (M.D. Mwangi, J) determined three applications arising after judgment delivered on 30th May 2022 by M.N. Gicheru, which granted the 1st Defendant's counterclaim a permanent injunction and eviction orders against the Plaintiffs and all occupants of Kajiado/Kitengela/3707. First, the Plaintiffs' Notice of Motion dated 29th October 2024 sought to restrain execution of a Certificate of Taxation dated 9th May 2024 for Ksh.1,135,445/=, claiming they were ambushed by warrants of attachment without being served with notice of the taxation proceedings. The court held that a taxation cannot be challenged in that manner; the proper remedy is a reference under paragraph 11 of the Advocates' Remuneration Order following Re: Leisure Lodges Limited. The certificate remains valid and enforceable, and the motion was struck out with costs to the 1st Defendant. Second, two Chamber Summonses by 25 intended interested parties occupying portions of the suit property sought joinder, leave to file defences, third party notices against Amos Kyondi Ngumbi, and review or setting aside of the judgment and decree. They claimed beneficial ownership of 0.04ha portions purchased from Ngumbi and warned of eviction rendering them homeless. The 1st Defendant opposed, arguing res judicata, fraud, non-existent parcels, contempt of court orders, and functus officio. Applying Everton Coal Enterprises Ltd, JMK vs MWM and Tang Gas Distributors, the court held joinder lies only in pending proceedings; the suit having been finally disposed of, there was nothing to which the applicants could be joined. Both applications were dismissed with costs to the 1st Defendant.

Key legal issues

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01

Proper channel for challenging a Certificate of Taxation

Holding

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

Reasoning

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.

p. 6
02

Joinder of interested parties after final judgment

Holding

There is no legal basis for joining interested parties after final judgment; both applications by the Intended Interested Parties were dismissed

Reasoning

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.

p. 7
03

Functus officio and review of the judgment of 30th May 2022

Holding

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

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The Plaintiffs' Notice of Motion dated 29th October 2024 is struck out with costs to the 1st Defendant
  2. 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

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 3 and 63(e)
  • Civil Procedure RulesOrder 1 Rule 10(2), Orders 22 and 51
  • Constitution of KenyaArticle 50
  • Advocates' Remuneration OrderParagraph 11

Cases cited (4)

  • Re: Leisure Lodges Limited Nairobi (Milimani) HCWC No. 28 of 1996
  • Everton Coal Enterprises Ltd vs Rose Wakanyi Karanja & 5 Others, Civil Application No. E026 of 2023
  • JMK vs MWM & ano (2015) eKLR
    (2015) eKLR
  • Tang Gas Distributors Ltd vs Said & others (2014) EA 448
    (2014) EA 448
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

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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, "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.