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ELCDismissedNot stated in judgment· [2026] KEELC 1265 (KLR)

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)

Environment and Land Court
5 March 2026
1,023 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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By a Chamber Summons dated 1st July 2025, Shaban Mwalimu Chengo, the 3rd Third Party, sought orders that he was wrongly sued and should be struck out from the suit, that the Plaintiff amend the Plaint to remove him, and that costs be borne by the 3rd Defendant. He argued that no cause of action lay against him; that he had been joined as a proprietor of Khash Ventures though he was not one at the relevant time, having ceased to be a partner on 12th May 2020 while the cause of action arose on 24th July 2021; and that no relief flowing from the Plaintiff could be granted against him. The Plaintiff opposed, contending the application was premature, misconceived and an abuse of process, and that liability between the Defendants and the Third Party depended on determination of the primary dispute. Justice J.O. Olola observed that the 3rd Third Party had been joined pursuant to a Chamber Summons dated 31st October 2024 allowed by Justice L. Naikuni in a ruling of 17th January 2025, on the basis that the Third Parties pointed out the suit property and facilitated the excavator, establishing a nexus between the parties. The court held that the Applicant could not seek discharge without first seeking review of those orders; that there was no mention of Khash Ventures in the joinder application; and that his role and the timing of his departure from the partnership were matters for trial. The court found the Third Party rightfully enjoined and a necessary party, dismissed the application with no order as to costs.

Key legal issues

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01

Whether the 3rd Third Party was a necessary party to the suit

Holding

The court held that he was rightfully enjoined and is a necessary party for full adjudication of the dispute

Reasoning

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.

p. 3
02

Whether a party joined by court order may apply to be struck out without seeking review

Holding

No; the Applicant should have sought review of the joinder orders rather than approaching the court afresh

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The Chamber Summons dated 1st July 2025 is dismissed
  2. 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

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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, "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.