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ELCDismissedELC NO 91 OF 2018· [2025] KEELC 7483 (KLR)

Oketch (Suing as Administrator Ad Litem to the Estate of Ludia Oketch Obunde) v Kapanga & 11 others; Karasi & 79 others (Proposed Interested Parties) (Environment and Land Case 91 of 2018) [2025] KEELC 7483 (KLR)

Environment and Land Court
23 October 2025
EME. K. Makori
1,190 words in judgment
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The bottom line

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Kenya's Environment and Land Court dismissed land defendants' bid to add parties and delay their eviction trial, warning that repeated, evidence-free applications abuse court process.

What this practically means

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Executive summary

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The 7th defendant and other defendants/applicants, led by Julius Katana Mwaringa, filed a notice of motion dated June 26, 2025 seeking a stay of proceedings, joinder of proposed interested parties as defendants in the plaintiff's 2018 eviction suit over Plot No. 59-Malindi in Kilifi County, and consequential amendment of the plaint. The plaintiff/respondent opposed, arguing the application was a delay tactic, that no survey report verified the location of structures shown in scanned photographs, and that no identification documents were provided for the proposed parties; he maintained his right to choose whom to sue, having sued 12 defendants with no intention to add more. The court framed three issues: stay, joinder, and costs. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the three-pronged Muruatetu test for joinder of interested parties (cited by the respondent's counsel, Mr. Kilonzo), the court held that the applicants failed to demonstrate a proximate interest, prejudice, or relevant submissions: they tendered only photographs unsupported by a survey report and no IDs, and a similar joinder application had already been declined in a ruling dated July 3, 2024. The court found the application an abuse of process aimed at delaying the hearing fixed for July 16, 2025 and prolonging occupation of the property. The application dated June 26, 2025 was dismissed with costs. Judgment delivered virtually at Malindi on October 23, 2025 by E. K. Makori, Judge.

Key legal issues

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01

Whether proposed interested parties qualified for joinder as defendants

Holding

No - the applicants did not demonstrate sufficient cause; the evidence (photographs without survey report or IDs) was insufficient to verify occupation

Reasoning

The court applied Order 1 Rule 10(2) CPR and the Muruatetu three-pronged test for joinder of interested parties. Applicants produced only scanned photographs with no survey report locating the structures and no identification documents, so occupation could not be verified. A prior similar joinder application had been declined in a ruling dated July 3, 2024. The court found the application abusive and designed to delay the hearing fixed for July 16, 2025.

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02

Whether the application was an abuse of process

Holding

Yes - it was intended to delay proceedings and prolong occupation

Reasoning

The suit was filed in 2018 and repeatedly set down for hearing. The court noted multiple past applications by defendants whenever the matter was set for hearing, including a joinder application declined on July 3, 2024. The present application replicated that attempt without new probative material, supporting the conclusion that it was a delay tactic.

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Legal principles established

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  • Joinder of a necessary party under Order 1 Rule 10(2) requires demonstration of a proximate personal interest, prejudice from non-joinder, and relevance of intended submissions (Muruatetu criteria, applied)
  • He who alleges must prove

Court orders

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  1. 1.The application dated June 26, 2025 is dismissed with costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)

Cases cited (1)

  • Francis Karioki Muruatetu & Another v Republic & 5 Others
    Petition No. 15 as Consolidated with No. 16 of 2013 [2016] eKLR
Jurisdiction invoked
Inherent powers of the court under 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, "Oketch (Suing as Administrator Ad Litem to the Estate of Ludia Oketch Obunde) v Kapanga & 11 others; Karasi & 79 others (Proposed Interested Parties) (Environment and Land Case 91 of 2018) [2025] KEELC 7483 (KLR)", Case Analysis (2025). ELC NO 91 OF 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7483/eng@2025-10-23

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