Marandu & 243 others v Paul & 7 others (Enviromental and Land Originating Summons 1 of 2021) [2025] KEELC 7720 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the intended plaintiffs could be joined as plaintiffs in the representative suit
Though joinder is possible even after judgment in exceptional cases, the applicants did not demonstrate entitlement to be joined as plaintiffs given the representative structure of the suit
The court applied the joinder test in Kingori v Chege (necessary and proper party; avoiding multiplicity) and the Court of Appeal authority permitting post-judgment joinder where a party was not heard. However, the applicants' interests were held to be sufficiently protected through the representative suit and the CBO, and their claim raised enforcement questions rather than a basis for joinder as plaintiffs.
Whether the consent order could be set aside for fraud, collusion or material non-disclosure
The grounds alleged engage the settled law on variation of consent judgments, but the court declined to set aside the consent, holding the applicants' complaint concerns implementation of the resulting title, which is a new cause of action
Applying Samuel Mbugua Ikumbu v Barclays Bank and Flora Wasike v Destimo Wamboko, the court accepted that a consent judgment can be vitiated for fraud, collusion, illegality, mistake or material non-disclosure. But on the record the land was registered in favour of four applicants and 240 others, and the applicants lacked the list and authority for the 500 occupants they claimed to represent.
Legal principles established
#- A consent judgment or order has contractual effect and can only be set aside on grounds which would justify setting a contract aside
- The court's power to add a party may be exercised at any stage, including after judgment in exceptional circumstances such as where adverse orders issue against a party not given notice or heard
Court orders
#- 1.The application dated April 7, 2025 is dismissed with costs
- Jurisdiction invoked
- Order 45 Rule 1, Order 1 Rule 10(2) and Order 40 Rule 1 of the Civil Procedure Rules; Sections 1A, 1B and 3A of the Civil Procedure Act; Articles 40, 47, 50(1) and 62(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Marandu & 243 others v Paul & 7 others (Enviromental and Land Originating Summons 1 of 2021) [2025] KEELC 7720 (KLR)", Case Analysis (2025). Notice of motion dated April 7, 2025 (suit relating to Plot No. MN/III/885 CR. 21309). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7720/eng@2025-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.