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ELCPartially AllowedELC Case (Machakos) – three notices of motion dated 24/10/2023, 30/09/2024 and 10/02/2025 (suit number not stated in the judgment)

Kyuli & 6999 others (Owners of Mavoko Town Block 12) v Njuguna & another (Being sued on their Own Behalf and as Officials of Balozzy Welfare Group Association); Kasuru & 3 others (Being Sued on Their Own Behalf and as Officials of Ngelani Associates) (Interested Party); Ganana Developers Limited & another (Intended Interested Party) (Environment and Land Case Civil Suit E42 of 2017) [2025] KEELC 8077 (KLR)

Environment and Land Court
18 November 2025
AKA. Y. Koross
3,244 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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A Kenyan land court allowed one company to join a Mavoko land dispute, rejected another for unreadable documents, and dismissed repeat applications as an abuse of process.

What this practically means

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Executive summary

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This Environment and Land Court ruling at Machakos determined three interlocutory motions in a long-running land dispute over Mavoko Town Block 12 (formerly LR Nos. 8529/1, 7283/1 and 3673). First, Ganana Developers Limited sought joinder as an interested party, asserting it purchased portions of LR No. 8529/7 from the interested parties in 2018 and holds titles to parcels in Mavoko. Opponents, including Daniel Kyuli for the plaintiffs, contended the land did not exist, titles were fraudulently obtained, and members of Drumvale Farmers Cooperative Society had occupied the land since 1965. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the Supreme Court's joinder principles in Muruatetu and Trusted Society of Human Rights Alliance, the court found Ganana had demonstrated a proximate stake, since its parcel was derived from land named in the plaint, and joined it as an interested party, with directions for service and pleadings within 21 days. Second, Safaricom Investment Co-operative Society Ltd's joinder motion was struck out because its annexures were illegible, leaving its interest unverified, though leave to reapply was granted. Third, the plaintiffs' motion seeking extension of status quo orders allegedly issued on 7/10/2022 and citation of police officers for contempt was dismissed as an abuse of court process: no such proceedings existed, the 6/10/2022 orders had lapsed, and a similar application had already been denied. The alleged 5th and 6th intended interested parties were condemned as strangers and busybodies whose filings would be disregarded. Noting the suit had been pending eight years, the court barred further applications, directed compliance with Order 11 within 60 days, and ordered costs in the cause.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the 1st and 2nd intended IPs should be joined as parties to these proceedings.
  2. 2.Whether the motion Dated 10/02/2025 and the participation of strangers in these proceedings are an abuse of court process.

Key legal issues

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01

Whether Ganana Developers Limited should be joined as an interested party

Holding

Joinder allowed - the 1st intended IP demonstrated an interest in the suit properties, its claimed parcel LR No. 8529/7 having been derived from LR No. 8529/1 which is mentioned in the plaint

Reasoning

The court scrutinised the sale agreement and title documents linking the intended IP's parcel to the land in the plaint. Although the purchased parcel was not itself named in the plaint, evidence showed it was formerly part of LR No. 8529/1, which was amalgamated to create Block 12. The intended IP thus had a proximate stake and was a necessary party.

p. 6
02

Whether Safaricom Investment Co-operative Society Ltd should be joined

Holding

Motion struck out for failure of proof

Reasoning

The annexures to the motion were illegible, leaving the court unable to verify whether the society or its members owned the listed parcels, or how those parcels connected to Block 12 or LR Nos. 8529/1, 7283/1 and 3673. Without legible evidence of a stake, the joinder threshold was not met, though leave to reapply was granted.

p. 6
03

Whether the plaintiffs' motion of 10/02/2025 and the participation of strangers were an abuse of court process

Holding

Both found to be abuses of process; the motion dismissed and the strangers' filings disregarded

Reasoning

There were no proceedings dated 7/10/2022 on record; the orders of 6/10/2022 had lapsed when the underlying application was struck out on 9/11/2022; and a similar status quo application had already been denied on 7/02/2022. The intended 5th and 6th interested parties' joinder had earlier been struck out for want of jurisdiction, making their continued participation vexatious.

p. 7

Legal principles established

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  • An interested party is one with a recognizable stake in the matter
  • Joinder of an interested party is discretionary and requires a formal application demonstrating a proximate personal interest, prejudice on non-joinder, and non-replicative submissions
  • The court possesses inherent jurisdiction to protect its processes from abuse

Court orders

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  1. 1.That the intended first interested party, Ganana Developers Limited, be joined to these proceedings as an interested party.
  2. 2.The plaintiffs directed to serve all pleadings on the first intended interested party within 21 days.
  3. 3.First intended interested party to file responses to the pleadings within 21 days of service and serve its filings on all parties.
  4. 4.The second intended interested party's notice of motion struck out.
  5. 5.Second intended interested party and/or its members granted leave to apply for joinder within 21 days.
  6. 6.Plaintiffs' notice of motion dated 10/02/2025 dismissed.
  7. 7.Parties directed to comply with Order 11 of the Civil Procedure Rules within 60 days.
  8. 8.No other or further applications to be entertained by the court henceforth.
  9. 9.Strict timelines apply.
  10. 10.Mention date for pre-trial directions.
  11. 11.Costs in the cause.

The bench

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One judgment of the whole court — no separate or dissenting opinions.

AK
majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution and the Environment and Land Court Act (court not explicitly stated in the excerpt)

Relief refused

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Joinder of Safaricom Investment Co-operative Society Ltd as 2nd interested party

Documents annexed to the motion were illegible, so the court could not verify ownership of the parcels or their connection to the suit land

p. 6

Extension of status quo orders and citation of police officers for contempt (plaintiffs' motion dated 10/02/2025)

Motion was an abuse of court process; the referenced orders of 7/10/2022 do not exist on the record and the 6/10/2022 orders had been rendered moot by the ruling of 9/11/2022

p. 7

Participation of the alleged intended 5th and 6th interested parties

Their earlier joinder application had been struck out for want of jurisdiction and they are strangers to the proceedings

p. 7

Costs

Costs shall be in the cause.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

That the intended first interested party, Ganana Developers Limited, be joined to these proceedings as an interested party.
p. 7Final orders - joinder of 1st intended interested party
That the plaintifis' notice of motion dated 10/02/2025 is hereby dismissed.
p. 7Final orders - dismissal of plaintiffs' motion
That the intended second interested party's notice of motion dated 30/09/2022 is hereby struck out.
p. 7Final orders - striking out of 2nd intended IP's motion
That, from now henceforth, no other or further applications shall be entertained by the court.
p. 7Final orders - restriction on further interlocutory applications
Costs shall be in the cause.
p. 7Costs
this court finds that the 1st intended IP has a stake in the matter and is a necessary party.
p. 6Joinder threshold satisfied
they are nothing but mere busy bodies and strangers in these proceedings
p. 7Abuse of process by strangers

Issues in the judgment

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minor

The court's order (d) strikes out 'the intended second interested party's notice of motion dated 30/09/2022' whereas the motion under consideration is dated 30/09/2024 - an internal date inconsistency

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, "Kyuli & 6999 others (Owners of Mavoko Town Block 12) v Njuguna & another (Being sued on their Own Behalf and as Officials of Balozzy Welfare Group Association); Kasuru & 3 others (Being Sued on Their Own Behalf and as Officials of Ngelani Associates) (Interested Party); Ganana Developers Limited & another (Intended Interested Party) (Environment and Land Case Civil Suit E42 of 2017) [2025] KEELC 8077 (KLR)", Case Analysis (2025). ELC Case (Machakos) – three notices of motion dated 24/10/2023, 30/09/2024 and 10/02/2025 (suit number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8077/eng@2025-11-18

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