Achieng (Suing as the Lawful Attorney of Modricks Odindo Asimba) v Wells Oil Ltd & 4 others (Environment and Land Appeal E028 of 2025) [2026] KEELC 2686 (KLR)
The bottom line
#The Environment and Land Court in Kisumu refused to let a deceased landowner's estate join a land appeal because it showed no personal stake in the property.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the proposed Interested Parties (the estate of the late Absolom Okech Awuonda through its legal representatives) should be joined in the pending appeal
- 2.Whether the applicants have demonstrated a stake or interest in the subject matter of the suit sufficient for joinder at the appellate stage
- 3.Who should bear the costs of the application
Key legal issues
#Joinder of an interested party at the appellate stage
Although the court has power to allow joinder at any stage, including the appellate stage, joinder was refused because the applicants demonstrated no stake or interest in the subject matter
The court accepted that Order 1 Rule 10(2) permits joinder even on appeal, and cited authority to that effect. However, the applicants did not claim any portion of the suit land or any proprietary interest on behalf of the estate; their only aim was to explain the root of the Appellant's title. An appellate court relies only on the evidence before the trial court, and the applicants showed nothing they would add to the record. Joinder would therefore not advance the complete adjudication of the dispute.
Definition of an interested party
An interested party is one with an identifiable stake or legal interest or duty in the proceedings, who will be affected by the decision either way
The court adopted the definition in the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, Black's Law Dictionary and the Supreme Court's decision in Communication Commission of Kenya v Royal Media Services. Applying that definition, the estate of the deceased, which had sold the land in 1992 and asserted no claim, failed to meet the threshold.
Legal principles established
#- The test for joinder of an interested party is whether the applicant has a stake or interest in the subject matter of the suit
- A party merely explaining the root of another party's title, without claiming any interest in the suit land, does not qualify for joinder
- An appellate court decides the appeal on the evidence and material placed before the trial court
Court orders
#- 1.The application dated 17th November, 2025 is dismissed
- 2.Costs awarded to the 1st and 2nd Respondents
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- trial court (magistrates' court)
- not stated
- Jurisdiction invoked
- Sections 1A, 1B & 3A of the Civil Procedure Act; Order 1 Rule 10(2) and Order 42 Rule 27 of the Civil Procedure Rules; section 78 of the Civil Procedure Act (appellate powers)
Relief refused
#Joinder of the estate of the late Absalom Okech Awuonda (through Joseph Oketch Kawuonda and Moses Teddy Oketch) as an Interested Party in the appeal
The applicants did not claim any interest in the suit land and did not demonstrate what they would add to the material already on record
Provision for costs of the appeal as sought by the applicants
The application failed and costs were instead awarded against the applicants in favour of the 1st and 2nd Respondents
Costs
Costs to the 1st and 2nd Respondents.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The Applicants do not claim any interest in the suit land on behalf of the estate of the deceased. All they seek to achieve by joinder into the proceedings is to explain the root of the applicant’s title
The test is whether the Applicant has a stake or an interest in the subject matter of the suit.
The Applicants have not demonstrated what they will be adding to the material already on record.
I find that the Applicants have not demonstrated the grounds for joinder of the estate of the deceased at the appeal stage of the matter. The application is hereby dismissed.
Costs to the 1st and 2nd Respondents.
Issues in the judgment
#Name of the deceased spelled inconsistently within the judgment (Absalom Okech Awuonda / Absolom Oketch Awuonda)
Judgment states the applicants' supporting material shows the land was transferred to the Appellant in 1992, which is inconsistent with the plaint's account that the Appellant's principal bought it from the deceased, and the judgment does not reconcile the two accounts
Proposed Interested Parties identified as administrators but no grant or evidence of administration is recited in the ruling
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Achieng (Suing as the Lawful Attorney of Modricks Odindo Asimba) v Wells Oil Ltd & 4 others (Environment and Land Appeal E028 of 2025) [2026] KEELC 2686 (KLR)", Case Analysis (2026). Notice of Motion application dated 17th November, 2025 (appeal pending before the Environment and Land Court, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2686/eng@2026-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.