Kuduku v Kuduku & 15 others (Environment and Land Case E124 of 2022) [2025] KEELC 8474 (KLR)
The bottom line
#The High Court in Mombasa ruled that existing defendants in a lawsuit cannot apply to join as interested parties, and transferred the land case to Malindi.
What this practically means
#Executive summary
#Key legal issues
#Eligibility to be joined as an interested party
Only a non-party with a stake in the proceedings may be joined as an interested party; existing defendants cannot apply for such joinder
The court adopted the Supreme Court's definition of an interested party as someone with a stake in proceedings who was not a party ab initio. Since joinder under Order 1 Rule 10(2) exists to bring in outsiders with a legal interest, a plaintiff or defendant already before the court cannot qualify, as they already have a full opportunity to be heard.
Adequacy of defendant's status to protect proprietary interests
The defendants can fully defend their interest in the suit property as defendants, including by filing a defence; lack of service of summons is not a bar once they are aware of the suit and have entered appearance
The court found the claim that non-service of summons prevented the defendants from participating implausible, since their advocates had filed a notice of appointment. As defendants they may file a defence and defend their registered interest in parcel Kilifi/Buni Kisimani/1237, so joinder as interested parties adds nothing.
Proper territorial venue of the suit
The suit should be tried at Malindi since the suit properties are located in Kilifi County, not Mombasa where the suit was filed
Noting that the suit properties lie within Kilifi County and not Mombasa, the court invoked its discretion to transfer the suit to the Environment and Land Court at Malindi for trial and disposal, with a mention date before the Presiding Judge there.
Legal principles established
#- An application for joinder as an interested party can only be made by a person who is not already a party to the proceedings
- An existing defendant suffers no incapacity by declining joinder as interested party
Court orders
#- 1.The notice of motion dated 29.10.2025 is dismissed with costs
- 2.The suit is transferred to the ELC at Malindi for trial and disposal
- 3.The suit shall be mentioned on 02.02.2026 before the Presiding Judge of the ELC at Malindi for further orders
- Jurisdiction invoked
- Article 159(2)(d) Constitution of Kenya; Sections 1A, 1B and 3A Civil Procedure Act (Cap 21); Order 1 Rule 10(2) Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kuduku v Kuduku & 15 others (Environment and Land Case E124 of 2022) [2025] KEELC 8474 (KLR)", Case Analysis (2025). Not indicated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8474/eng@2025-12-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.