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ELCAllowedNot stated in the judgment· [2025] KEELC 7410 (KLR)

Republic v Attorney General & 6 others; Wilson (Ex parte Applicant) (Environment and Land Judicial Review Case E005 of 2024) [2025] KEELC 7410 (KLR)

Environment and Land Court
29 October 2025
CNC.K. NZILI
1,483 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 152 land allottees to join a judicial review case, confirming anyone whose rights a judgment affects must be heard.

What this practically means

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Executive summary

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By an application dated 23/7/2025, 152 persons sought to join judicial review proceedings as respondents. They deponed that they are bona fide allottees of parcels in Chepchoina Phase III, identified through a public-participation-driven selection committee process culminating in allotment letters to 970 successful applicants, and that armed youths claiming to have won a Kitale ELC matter gave them an ultimatum to vacate, alleging the ex parte applicant obtained the judgment of 18/6/2025 through concealment and non-disclosure. They said they were never notified, served or heard despite being affected, and sought joinder, setting aside of the judgment, a stay, and leave to defend. The ex parte applicant opposed, arguing the application was defective, that judicial review concerns process not merits, that the applicants are private citizens with no locus standi whose individual allotment claims are irrelevant, that public participation relied on related to Phase II, and that some purported beneficiaries did not sign the authority to plead. The court noted it had already, on 17/9/2025, set aside the judgment of 18/6/2025 and granted the respondents leave to defend. Applying Order 53 Rule 6, Order 1 Rule 10(2), and the joinder principles in Matiba, Muruatetu, Communication Commission of Kenya and Meme v Republic, the court held the applicants had an identifiable stake as ultimate beneficiaries of the impugned decision, that joinder would cause no prejudice and would prevent proliferated litigation. The application was allowed; respondents to file and serve responses to the motion within 30 days; costs in the cause.

Key legal issues

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01

Whether intended respondents to a judicial review motion have an identifiable interest warranting joinder

Holding

The applicants, being alleged allottees who face dispossession if the judgment is implemented, have an identifiable stake and were properly joined.

Reasoning

The court applied Order 1 Rule 10(2) and the joinder principles in Muruatetu, Matiba and Communication Commission of Kenya. The intended respondents were ultimate beneficiaries of the impugned decision; their participation would allow the court to settle all issues without proliferated litigation and would prejudice no one.

p. 4
02

The right to be heard in proceedings affecting a party

Holding

A party whose rights would be affected by the judgment must be afforded an opportunity to be heard.

Reasoning

Relying on Matiba v Attorney General, the court held that joinder protects parties who would otherwise be adversely affected. The applicants deponed they were never notified, served or invited despite being affected by the decision nullifying their allotment letters.

p. 3

Legal principles established

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  • On the hearing of a judicial review motion, any person who desires to be heard in opposition and appears to be a proper person to be heard shall be heard, notwithstanding non-service.
  • The right to be heard is fundamental; rights of a party should not be prejudiced without an opportunity to be heard.
  • Joinder is proper where an intended party has an identifiable stake, will be affected by the decision, and joinder prevents proliferated litigation and causes no prejudice.

Court orders

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  1. 1.The application for joinder is allowed and the 152 applicants joined as respondents
  2. 2.The respondents shall file and serve their responses to the notice of motion dated 3/10/2024 within 30 days from the date of the ruling
  3. 3.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 53 Rule 6
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 (Mutunga Rules)Rule 7

Cases cited (5)

  • Matiba vs- Attorney General
    [1995-1998] 1 EA 192
  • Mumo Matemu -vs- Trusted Society of Human Rights Alliance & Others
    [2013] eKLR
  • Francis Karioko Muruatetu & Another -vs- Republic & Others
    [2016] eKLR
  • Communication Commission of Kenya & Others -vs- Royal Media Services Ltd & Others
    [2014]
  • Meme -vs- Republic
    [2004] 1EA 24
Jurisdiction invoked
Order 53 Rule 6 and Order 1 Rule 10(2) of the Civil Procedure Rules; Rule 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

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, "Republic v Attorney General & 6 others; Wilson (Ex parte Applicant) (Environment and Land Judicial Review Case E005 of 2024) [2025] KEELC 7410 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7410/eng@2025-10-29

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