Ronoh & 26 others v Mbugua & 7 others; Mideast Plains Enterprises Limited (Intended Interested Party) (Environment and Land Case E190 of 2022) [2026] KEELC 3133 (KLR)

The court adopted the Supreme Court's Muruatetu elements: personal interest set out and identifiable and proximate; prejudice demonstrated to the satisfaction of the court and not remote; and the intended participant setting out the case it intends to make, not merely replicating other parties' cases. The applicant's certificate of title to the suit property satisfied these elements.

Relying on Salomon and Kenyan appellate authority, the court held that a company is an artificial person distinct from its directors and shareholders. Although the 1st and 3rd Defendants were directors of the applicant company, the property was registered in the company's name, creating a distinct legal interest that directors litigating personally cannot fully address.

The Plaintiffs argued the documentation relied upon was dubious and designed to cause confusion. The court held such concerns are relevant at trial when validity of competing claims is examined, but the existence of conflicting documents relating to the same property suggests the intended Interested Party's participation would help resolve all questions of ownership, possession and title in one proceeding.

Under Section 26 of the Land Registration Act, the holder of a certificate of title is prima facie the absolute and indefeasible owner. Because the applicant held title to the suit property, any judgment made in its absence could directly affect its title and possession without an opportunity to be heard, establishing prejudice that is close to the subject matter rather than remote.