Gacheru v Ready Consultancy Co Ltd & 2 others; Abdalla Haytham Ahmed Badbess & 3 others (Third party) (Environment and Land Case Civil Suit 218 of 2021) [2026] KEELC 1265 (KLR)
The bottom line
#Kenya's Environment and Land Court dismissed an attempt to remove a party from a land dispute, confirming that properly joined parties must stay until trial.
What this practically means
#Executive summary
#Key legal issues
#Whether the 3rd Third Party was a necessary party to the suit
The court held that he was rightfully enjoined and is a necessary party for full adjudication of the dispute
The 3rd Defendant's application for joinder, allowed by Justice L. Naikuni on 17th January 2025, established a nexus between the Plaintiff, the Defendants and the Third Parties based on the Third Parties pointing out the suit property and facilitating the excavator. The court found that whether the Applicant ceased to be a partner in Khash Ventures before the cause of action accrued, and his precise role, could only be clarified at trial, making him a necessary party for a full and final determination.
Whether a party joined by court order may apply to be struck out without seeking review
No; the Applicant should have sought review of the joinder orders rather than approaching the court afresh
The joinder of the 3rd Third Party had been ordered by Naikuni J in a ruling of 17th January 2025 on the basis that a nexus existed between the parties. The court reasoned that the Applicant could not, without seeking a review of those orders, approach the court seeking discharge on the ground that he was wrongly enjoined. Further, the Chamber Summons leading to his joinder made no mention of Khash Ventures, contradicting the Applicant's assertion that he was joined only as a partner.
Legal principles established
#- A party joined to a suit by a court order cannot seek to be discharged without first seeking a review of that order
- Questions about the role of a joined party and when a partnership ceased are matters for trial, not for striking out at interlocutory stage
Court orders
#- 1.The Chamber Summons dated 1st July 2025 is dismissed
- 2.No order as to costs
- Jurisdiction invoked
- Original jurisdiction; inherent powers and civil procedure rules governing striking out of parties (not expressly cited in judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gacheru v Ready Consultancy Co Ltd & 2 others; Abdalla Haytham Ahmed Badbess & 3 others (Third party) (Environment and Land Case Civil Suit 218 of 2021) [2026] KEELC 1265 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1265/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.