Kogi v Kimani & another (Enviromental and Land Originating Summons E010 of 1000) [2026] KEELC 3247 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that a person claiming a long-used access road can join a concluded land case and keep using the road while her claim is heard.
What this practically means
#Executive summary
#Key legal issues
#Joinder after judgment
A party can be joined even after judgment where the person shows a justiciable dispute and a prima facie basis for being heard.
The court anchored the finding on Article 50(1) of the Constitution's guarantee of a fair hearing. The interested party claimed long user of an access road since 1993 and only learned of its closure in March 2025. Denying her joinder would be unfair; she demonstrated prima facie long user of the easement and should be heard before permanent closure.
Necessity of setting aside the judgment
Setting aside the existing judgment is not necessary where the joinder's claim is limited to an easement over part of the land.
The court held the interested party's claim could proceed on the easement without upsetting the judgment and decree obtained by the plaintiff. Because her claim is confined to the access road rather than the whole parcel, reopening the judgment was unnecessary; the court instead granted joinder, reopening of the suit, and interim access orders.
Creation versus declaration of an easement
The interested party is not creating a new right but seeking declaration of a right alleged to have existed since 1993.
The plaintiff objected that no orders could issue creating a wayleave or road of access over private property. The court found the distinction material: the motion sought recognition of an alleged pre-existing easement of access used openly since 1993, not the creation of a new right, so the objection did not defeat the application.
Legal principles established
#- A party may be joined to a suit even after judgment has been entered.
- Shutting out a person with a justiciable dispute would offend the fair hearing guarantee of Article 50(1) of the Constitution.
Court orders
#- 1.The interested party is joined in these proceedings (prayer 2).
- 2.The suit is reopened for hearing (prayer 5).
- 3.Interim orders directing the interested party, her family, agents and/or any person under her instructions to continue using the access road through the suit land pending the hearing and determination of her claim (prayer 6).
- 4.Costs in the cause.
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act; Order 1 rule 10 and Order 22 rule 22 of the Civil Procedure Rules; Article 50(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kogi v Kimani & another (Enviromental and Land Originating Summons E010 of 1000) [2026] KEELC 3247 (KLR)", Case Analysis (2026). Not stated (motion dated 27-11-2025 in pending suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3247/eng@2026-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.