Nkere & 2 others v Nkere (Environment and Land Appeal E011 of 2025) [2026] KEELC 1671 (KLR)
The bottom line
#The Environment and Land Court in Narok struck out an entire land appeal because two family members who never were parties to the original case joined it without permission.
What this practically means
#Executive summary
#Key legal issues
#Whether the Preliminary Objection on improper joinder of the 1st and 3rd Appellants was merited
It was merited; the objection was a pure point of law and the appeal and application were struck out as incurably defective
The trial court record showed only Tipina Enole Nkere, Lewis Sarupa Nkere and Julius Ntuala Nkere as parties. Naipe Ene Nkere and Partoti Ole Nkere were not parties, and the court could not hold Partoti was Julius under an alias. Order 1 rule 10(2) joinder applies only to pending proceedings; the suit was finalised. A non-party lacks locus standi to appeal without leave. The omission went to jurisdiction, not a curable technicality.
Whether the Notice of Motion Application dated 1st July 2025 (stay, injunction, additional evidence) was merited
The court declined to consider its merits since the entire appeal and application had been struck out
Having upheld the preliminary objection and struck out the Memorandum of Appeal and the application for want of locus standi and jurisdiction, there was nothing left to determine on the merits. The stay, injunction and additional-evidence reliefs therefore fell with the defective application.
Whether a preliminary objection based on joinder is a pure point of law
Yes; it fits the Mukisa Biscuits definition
The court adopted the Mukisa Biscuits definition, finding the objection rested on the alleged violation of the law on joinder of parties without requiring investigation of disputed facts, and therefore determined it first before the Notice of Motion.
Legal principles established
#- A person who was not a party to the original suit cannot file an appeal against the trial court's judgment as of right; such a person must seek leave of the court to appeal or be joined, failing which the appeal is incompetent and the court lacks jurisdiction
- Joinder of a new party at the appeal stage requires an application demonstrating a direct, proximate interest and prejudice; it is not an automatic right
- Defect of locus standi and jurisdiction cannot be cured by Article 159(2)(d) of the Constitution
Court orders
#- 1.The Respondent's Notice of Preliminary Objection dated 19th August 2025 is upheld
- 2.The entire Memorandum of Appeal and Notice of Motion Application dated 1st July 2025 are struck out for being incurably defective
- 3.Each party to bear its own costs
- 4.Any interim orders issued earlier are vacated
- On appeal from
- Chief Magistrates' Court
- Not stated
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (appellate jurisdiction over subordinate court decisions)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nkere & 2 others v Nkere (Environment and Land Appeal E011 of 2025) [2026] KEELC 1671 (KLR)", Case Analysis (2026). Not stated in the judgment (ELC Appeal, Narok). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1671/eng@2026-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.