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ELCAllowedMALINDI ELC E113 OF 2025· [2026] KEELC 708 (KLR)

China Communications Construction Co. Ltd v Kenya Forest Services (Environment and Land Case E113 of 2025) [2026] KEELC 708 (KLR)

Environment and Land Court
11 February 2026
MNMwangi Njoroge
195 words in judgment
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The bottom line

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Kenya's Environment and Land Court reversed its own earlier decision and allowed Kenya Ports Authority to join a Malindi land dispute as an interested party.

What this practically means

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Executive summary

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This is a short ruling delivered by Mwangi Njoroge, Judge of the Environment and Land Court at Malindi, on 11 February 2026 in Malindi ELC E113 of 2025. The court expressly aligned its decision with the rationale it had employed the same day in a ruling on the first two opposed applications in Malindi ELC E105 of 2025, adopting that rationale for regimentation of orders and proceedings in both suits. The court allowed the notice of motion dated 14 August 2025 in terms of prayer no. 3 thereof. Notably, the court exercised its power to review, suo motu, its orders of 24 September 2025 declining to join Kenya Ports Authority as an interested party, concluding that such review was warranted in the interests of justice in light of extensive disclosures made by both parties while pursuing their respective applications in the two suits. The court directed that the plaint in the present suit be amended as appropriate to reflect the addition of Kenya Ports Authority as an interested party. The costs of the application were made costs in the cause. The excerpt comprises only the operative orders; the parties' identities, the substance of prayer 3, and the underlying reasoning are not before the analyst and are flagged as material data-quality gaps.

Key legal issues

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01

Joinder of Kenya Ports Authority as an interested party

Holding

The court reviewed its earlier order declining joinder and directed that the plaint be amended to reflect the addition of Kenya Ports Authority as an interested party

Reasoning

The court adopted the rationale employed in its ruling on the first two opposed applications in MALINDI ELC E105 OF 2025 and, citing extensive disclosures made by both parties while pursuing their respective applications in both suits, found it in the interests of justice to review suo motu its earlier order of 24/09/2025 declining joinder.

p. 1

Legal principles established

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  • A court may suo motu review its own orders in the interests of justice where new disclosures justify it

Court orders

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  1. 1.The notice of motion dated 14/8/2025 in MALINDI ELC E113 OF 2025 is allowed in terms of prayers no. 3 thereof
  2. 2.The orders made on 24/09/2025 declining to join Kenya Ports Authority as an interested party are reviewed suo motu in the interests of justice
  3. 3.The plaint in the present suit shall be amended as appropriate to reflect the addition of Kenya Ports Authority as an interested party
  4. 4.The costs of the application shall be in the cause
Jurisdiction invoked
Inherent powers of the Environment and Land Court to review its own orders in the interests of justice (provision not expressly cited in the excerpt)

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, "China Communications Construction Co. Ltd v Kenya Forest Services (Environment and Land Case E113 of 2025) [2026] KEELC 708 (KLR)", Case Analysis (2026). MALINDI ELC E113 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/708/eng@2026-02-11

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