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ELCDismissedELC No. 152 of 2018 (consolidated with ELC No. 691 of 2011)

Cirtex Kenya Limited & another v Leparakwo & 6 others (Environment and Land Case 152 of 2018 & 691 of 2011 (Consolidated)) [2026] KEELC 1424 (KLR)

Environment and Land Court
12 March 2026
7,202 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~29 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court ruled you cannot force a government minister into a land case just to obtain documents already available from the Land Registrar.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (O. A. Angote, J) on a Notice of Motion dated 1st October 2025 by the 1st Defendant in ELC No. 152 of 2018, Peter David Leparakwo, in consolidated suits (with ELC No. 691 of 2011) concerning disputed ownership of L.R. No. 24968/2 I.R. No. 152577, Karen Plains. The Applicant sought an order compelling the Cabinet Secretary, Ministry of Lands, to produce and confirm records of his title, and her joinder as 5th Defendant, relying on DCI investigations, ministerial letters affirming his title, and a Cabinet Secretary letter of 4th September 2025 asserting the land is public land owned by SHA (formerly NHIF). The Plaintiff in ELC 152 of 2018 opposed via grounds of opposition; the Plaintiff in ELC 691 of 2011 filed a preliminary objection and grounds; the Attorney General and the 2nd Defendant in ELC 691 of 2011 also opposed. The court framed three issues: the competency of the preliminary objection, joinder, and production of records. Applying Mukisa Biscuit and Hassan Ali Joho, the court held the preliminary objection unmerited. On joinder, it held the Cabinet Secretary unnecessary: her letter mirrored the Attorney General's existing defence, she is not the statutory custodian of land records (that being the Chief Land Registrar, already a party), no claim was pleaded against her, and joinder cannot be used to procure evidence from a potential witness. The production prayer failed as the court cannot issue coercive orders against a non-party, and adequate mechanisms exist under discovery, witness summons, and Article 35 of the Constitution with the Access to Information Act. The Motion was dismissed with costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the Preliminary Objection of 21st October, 2025 is competent and merited
  2. 2.Whether the Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development should be enjoined in these proceedings as the 5th Defendant in ELC Case No. 152 of 2018
  3. 3.Whether the Court should compel the Cabinet Secretary, Ministry of Lands, to produce and confirm the availability of records relating to L.R No. 24968/2 I.R No. 152577

Key legal issues

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01

Competence of the Preliminary Objection

Holding

The objection failed because once joinder is determined, reliefs against the joined party may be considered

Reasoning

Applying Mukisa Biscuit and Hassan Ali Joho, the court held the objection was not a pure point of law since the Motion sought both interim reliefs and joinder; if joinder were allowed, the interim reliefs could follow, so the objection could not dispose of the Motion at the threshold.

p. 10
02

Joinder of the Cabinet Secretary as 5th Defendant

Holding

Joinder was unmerited

Reasoning

The impugned letter of 4th September 2025 mirrored the position already taken by the Attorney General for the Chief Land Registrar and other officers already parties. The Cabinet Secretary is not the statutory custodian of land registration records under the Land Registration Act, no substantive claim was pleaded against her, and joinder cannot be used to procure evidence from a potential witness.

p. 13
03

Production and confirmation of records

Holding

The prayer could not lie against a non-party

Reasoning

Having found joinder unmerited, coercive orders could not issue against the Cabinet Secretary. The Chief Land Registrar and registrars under the Land Registration Act are the custodians of records and are already parties; discovery, notices to produce, witness summons, and Article 35 of the Constitution with the Access to Information Act provide adequate mechanisms.

p. 14

Legal principles established

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  • Joinder cannot be invoked merely as a means of procuring documents or explanations from a potential witness
  • Joinder of a party must be anchored on a pleaded claim or identifiable relief
  • A preliminary objection cannot be raised where facts must be ascertained or judicial discretion exercised

Court orders

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  1. 1.The Notice of Motion dated 1st October, 2025 is dismissed with costs
  2. 2.The Preliminary Objection dated 21st October, 2025 is dismissed (objection fails)

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 40 Rule 1 and Order 51 Rule 1 of the Civil Procedure Rules
Consolidated with
ELC No. 691 of 2011

Relief refused

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Joinder of the Cabinet Secretary, Ministry of Lands as 5th Defendant

The Cabinet Secretary is not the statutory custodian of land records; the Chief Land Registrar is already a party; no substantive claim was pleaded against her

p. 13

Order compelling the Cabinet Secretary to produce and confirm records

Cannot issue coercive orders against a non-party; proper avenues are discovery, witness summons and the Access to Information Act

p. 13

Interim injunctive relief pending inter partes hearing

The stage has been overtaken by events and the question has become moot

p. 9

Costs

The Motion dated 1st October, 2025 is found to be unmerited and is dismissed with costs.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the end, the Motion dated 1st October, 2025 is found to be unmerited and is dismissed with costs.
p. 14Final orders - dismissal
Joinder cannot be invoked merely as a means of procuring documents or explanations from a potential witness.
p. 13Purpose of joinder
Joinder of a party must be anchored on a pleaded claim or identifiable relief arising from the subject matter of the suit.
p. 13Basis for joinder
it would be procedurally improper for the court to issue coercive orders against a person who has neither been joined to the proceedings nor accorded an opportunity to participate in them.
p. 13Orders against non-parties
the question of interim injunctive relief pending inter partes hearing has become moot, and does not fall for substantive determination at this stage.
p. 9Mootness of interim injunction

Issues in the judgment

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minor

Submissions date anomaly - Plaintiff in ELC 691 of 2011 filed submissions dated 2nd December, 2024 while the Motion is dated 1st October, 2025

minor

The judgment variously cites the Meme v Republic citation as [2004] 1 EA 124 and [2004] KLR 637 / [2004]1 EA 125

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, "Cirtex Kenya Limited & another v Leparakwo & 6 others (Environment and Land Case 152 of 2018 & 691 of 2011 (Consolidated)) [2026] KEELC 1424 (KLR)", Case Analysis (2026). ELC No. 152 of 2018 (consolidated with ELC No. 691 of 2011). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1424/eng@2026-03-12

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