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ELCDismissedNotice of Motion application dated 17th November, 2025 (appeal pending before the Environment and Land Court, Kisumu)· [2026] KEELC 2686 (KLR)

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)

Environment and Land Court
7 May 2026
EAE. Asati
1,377 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Kisumu (E. Asati, J), dated 7th May 2026, determines a Notice of Motion dated 17th November 2025 in which Joseph Oketch Kawuonda and Moses Teddy Oketch, sons and beneficiaries of the late Absalom Okech Awuonda, sought to join the estate of the deceased as an Interested Party in a pending appeal, together with provision for costs of the appeal. The application was brought under sections 1A, 1B and 3A of the Civil Procedure Act and Order 1 Rule 10(2) and Order 42 Rule 27 of the Civil Procedure Rules. The applicants argued that the appeal turned on ownership of Kisumu/Nyalenda 'B'/1126, originally registered in the deceased's name, and that the trial court had dismissed the Appellant's suit because the sale was executed without a grant of representation; the estate was thus a necessary and proper party for the effective determination of the root of title. The Respondents opposed, contending that the applicants had not shown why joinder was needed at the appeal stage. The court accepted that it has power to allow joinder at any stage, including on appeal, but held that the test is whether the applicant has a stake or interest in the subject matter. The applicants claimed no portion of the suit land and sought only to explain the root of the Appellant's title; the appellate court relies solely on the material placed before the trial court, and the applicants showed nothing they would add. The application was dismissed with costs to the 1st and 2nd Respondents.

Key legal issues

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01

Joinder of an interested party at the appellate stage

Holding

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

Reasoning

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.

p. 3
02

Definition of an interested party

Holding

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

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 1.The application dated 17th November, 2025 is dismissed
  2. 2.Costs awarded to the 1st and 2nd Respondents
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)

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, "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.