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ELCPartially Allowed· [2026] KEELC 2656 (KLR)

Njenga v Kariuki & 2 others (Environment and Land Case 323 of 2015) [2026] KEELC 2656 (KLR)

Environment and Land Court
27 April 2026
4,209 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~17 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This ruling of the Environment and Land Court (Hon. T. Murigi, J) determined two applications by the 1st Defendant, Andrew Mirara Kariuki, arising from a judgment delivered on 6th July 2022 in which the Plaintiff obtained eviction orders against him and Kshs. 3 million as compensation for trespass. The first application, under Order 9 Rule 9 and Order 45 Rule 2 of the Civil Procedure Rules, sought leave to act in person and a review of the judgment on the ground of newly discovered evidence, namely a map, official search and title deed showing that Plot No. S 90 forms part of Ruiru/Kiu Block 7/131 registered in the name of Annah Nyokabi Kenyatta. The second application, under Order 1 Rule 10(2), Order 40 and Section 3A, sought her joinder as an interested party. The Plaintiff opposed both, arguing delay, absence of due diligence, no nexus between the parcels, finality of litigation, dominus litis, and that joinder after judgment is incompetent. The court allowed leave to act in person, finding no prejudice or procedural impediment. It declined review: the application came roughly two years and eleven months after judgment without explanation; the alleged new evidence was in public records obtainable with due diligence; no legal, factual or physical nexus was established between Ruiru/Kiu Block 7/131 and Plot S.90; and grievances about double allocation go to the merits and belong on appeal. Joinder was likewise refused as it rested on the same failed material and no identifiable stake in the suit property was shown. Both applications were dismissed with costs to the Plaintiff.

Key legal issues

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01

Whether leave to act in person should issue under Order 9 Rule 9

Holding

Leave granted; the right to legal representation includes self-representation and no prejudice was shown.

Reasoning

Order 9 Rule 9 requires a party previously represented by counsel to obtain leave to act in person after judgment. The court held that the right to legal representation includes the right to self-representation, that no prejudice or procedural impediment existed, and accordingly allowed the prayer without more.

p. 6
02

Whether the threshold for review under Section 80 CPA and Order 45 Rule 1 was met

Holding

Not met: inordinate unexplained delay, no due diligence, evidence lacked nexus and probative value; merits-based grievances belong to appeal.

Reasoning

Review requires application without unreasonable delay and discovery of new matter not obtainable with due diligence. The application came nearly three years after judgment with no explanation. The search and title produced were public records, related to a different parcel (Ruiru/Kiu Block 7/131) with no proven nexus to Plot S.90, and could not have changed the outcome. Claims of double allocation go to the merits and are matters for appeal, not review.

p. 8
03

Whether the intended Interested Party should be joined under Order 1 Rule 10(2)

Holding

Joinder refused; the same failed material underpinned it and no stake or nexus was demonstrated.

Reasoning

While post-judgment joinder is recognized in limited circumstances (JMK v MWM; TSC v KNUT), it is exceptional and needs compelling grounds. The joinder application rested on the same material that failed as newly discovered evidence. No legal, factual or physical nexus was established between the interested party's parcel and Plot S.90, and no prejudice to the proposed party was shown if joinder was declined.

p. 9

Legal principles established

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  • A party previously represented by counsel may act in person after judgment only with leave of the court, which should be granted absent prejudice or procedural impediment
  • Inordinate and unexplained delay disentitles an applicant to the discretionary relief of review
  • New evidence for review must be shown to have been unobtainable with due diligence and capable of affecting the outcome; documents that are public records do not qualify
  • Post-judgment joinder of an interested party is exceptional and requires clear and compelling grounds including a demonstrable nexus to the suit property

Court orders

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  1. 1.Leave granted to the 1st Defendant to act in person
  2. 2.The Notice of Motion dated 3rd June 2025 (review) dismissed
  3. 3.The Notice of Motion dated 9th June 2025 (joinder of Annah Nyokabi Kenyatta as interested party) dismissed
  4. 4.Costs of both applications awarded to the 1st Respondent

Authorities

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Legislation

  • Civil Procedure ActSection 80
  • Civil Procedure RulesOrder 45 Rule 1
  • Civil Procedure RulesOrder 45 Rule 2
  • Civil Procedure RulesOrder 9 Rule 9
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure RulesOrder 40
  • Civil Procedure RulesSection 3A

Cases cited (21)

  • Libyan Arab Uganda Bank for Foreign Trade and Development & Another v Adam Vassijadsi
    (1986) UG CA 6
  • Jones v National Coal Board
    [1957] 2 QB 55
  • Independent Electoral and Boundaries Commission & Another v Stephen Mutinda Mule & 3 Others
    [2014] eKLR
  • Malawi Railways Ltd v Nyasulu
    [1998] MWSC 3
  • Ndithya v Total Kenya Limited
    (Miscellaneous Civil Application E218 of 2021) [2022] KEHC 10080 (KLR)
  • Wilson Saina v Joshua Cherutich Trading as Cherutich & Company Limited
    [2003] KEHC 685 (KLR)
  • Julius Mukami Kanyoko & 2 Others v Samuel Mukua Kamere & Another
    [2014] KEHC 8133 (KLR)
  • Ferrotech Industries Ltd v Mwadzive Ali Hare
    [2021] eKLR
  • Ferrotech Industries Ltd v Mwadziwe Ali Hare
    [2021] KEELRC 457 (KLR)
  • Francis Origo & Another v Jacob Kumali Mungala
    [2005] eKLR
  • Ndiga v Said
    [2024] KEHC 964 (KLR)
  • Trusted Society of Human Rights Alliance v Mumo Matemu
    [2015] eKLR
  • Trusted Society of Human Rights Alliance vs Mumo Matemo & 5 Others
    (2015) eKLR
  • Francis Karioki Muruatetu & Another v Republic & 5 Others
    [2016] eKLR
  • Njogu & 2 Others v Gitinji & 2 Others; Ngriricha & 4 Others (Intended Interested Party)
    [2025] KEELC 936 (KLR)
  • Merry Beach Limited v Attorney General & 18 Others
    [2018] eKLR
  • Githere v Mwangi & 2 Others; Waithaka (Proposed Defendant)
    [2025] KEELC 3049 (KLR)
  • Benjoh Amalgamated Limited & Another Vs Kenya Commercial Bank Limited
    (2014) eKLR
  • Republic vs Public Procurement Administrative Review Board & 2 Others
    (2018) eKLR
  • JMK vs MWM & Another
    [2015] eKLR
  • Teachers Service Commission vs Kenya National Union of Teachers; Secretary/Chief Executive Officer, Teachers Service Commission & Another (Contemnors); Cabinet Secretary for Labour and Social Protection & 2 Others (Interested Parties)
    [2021] eKLR
Jurisdiction invoked
Sections 80 of the Civil Procedure Act and Order 45 Rule 1, Order 9 Rule 9, Order 1 Rule 10(2) and Section 3A of the Civil Procedure Rules

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, "Njenga v Kariuki & 2 others (Environment and Land Case 323 of 2015) [2026] KEELC 2656 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2656/eng@2026-04-27

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