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ELCDismissedNot stated in the judgment· [2026] KEELC 416 (KLR)

Mulwa v Ndunda & 2 others (Environment and Land Case E067 of 2022) [2026] KEELC 416 (KLR)

Environment and Land Court of Kenya
3 February 2026
AKA. Y. Koross
1,431 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Machakos (A. Y. Koross, J) determines a notice of motion dated 21/08/2023 by the plaintiff seeking joinder of Nicholas Muchene Njau as the fourth defendant, brought under Sections 1A and 3A of the Civil Procedure Act and Order 1 Rule 10(2), (4) and 25 of the Civil Procedure Rules. The plaintiff alleged discovery of multiple sets of deed plans fraudulently registered in the name of the intended fourth defendant, contending that joinder would allow all issues over the suit property, L.R. No. 25960 (I.R. No. 184634), to be litigated simultaneously. Only the first defendant opposed, asserting the application was incompetent, unsupported by comprehensible evidence, an illegible fishing expedition and a delaying tactic. The court canvassed the motion by written submissions and framed a single issue: whether the intended fourth defendant should be joined. Guided by Order 1 Rule 10(2), the Black's Law Dictionary definition of an interested party, and the Supreme Court's decisions in Trusted Society of Human Rights Alliance v Matemo and Muruatetu, the court held that the plaintiff bore the burden of demonstrating the intended party's stake. The plaintiff relied on an illegible lease and deed plan without a certificate of title linking the intended fourth defendant to the suit property, and defied a court direction of 5/06/2025 to serve legible documents. The court found the threshold unmet, dismissed the motion with costs in the cause, and directed compliance with Order 11 and the filing of trial bundles within 60 days, with a mention for pre-trial directions.

Key legal issues

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Whether the intended fourth defendant should be joined as a party to the proceedings under Order 1 Rule 10(2) of the Civil Procedure Rules

Holding

The application for joinder was dismissed because the plaintiff failed to demonstrate that the intended fourth defendant has an identifiable stake in the suit property.

Reasoning

Order 1 Rule 10(2) permits joinder of a person whose presence is necessary to enable the court effectually and completely to adjudicate on all questions in the suit. Applying the Muruatetu principles, an applicant must set out a clearly identifiable, proximate interest, demonstrate prejudice from non-joinder, and show the relevance of their intended submissions. The plaintiff relied on an illegible lease and deed plan with no certificate of title connecting the intended fourth defendant to the suit property, and defied a direction to serve legible documents. He therefore failed to discharge the burden, and the motion was dismissed with costs in the cause.

p. 3

Legal principles established

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  • A party seeking joinder must demonstrate a personal interest or stake in the matter that is clearly identifiable and proximate, prejudice from non-joinder, and the relevance of the submissions they intend to make.
  • The party applying for joinder bears the burden of producing documents demonstrating that the intended party has a stake in the suit.

Court orders

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  1. 1.The notice of motion dated 21/08/2023 is hereby dismissed with costs being in the cause.
  2. 2.Parties are hereby directed to fully comply with Order 11 of the Civil Procedure Rules and file and exchange indexed and paginated trial bundles within 60 days hereof.
  3. 3.A mention shall be given for purposes of pre-trial directions.
Jurisdiction invoked
Sections 1A and 3A of the Civil Procedure Act and Order 1 Rule 10(2), (4) and 25 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, "Mulwa v Ndunda & 2 others (Environment and Land Case E067 of 2022) [2026] KEELC 416 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/416/eng@2026-02-03

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