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ELCPartially AllowedNotice of motion application dated 24.9.2025 (suit number not stated in judgment)· [2026] KEELC 3337 (KLR)

Mathambo v Munene & 4 others (Environment and Land Case E008 of 2024) [2026] KEELC 3337 (KLR)

Environment and Land Court
28 May 2026
633 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed a man claiming part of disputed land to join an ongoing suit as an interested party, but refused to immediately cancel the parties' mediation agreement.

What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 24 September 2025 by Karuri Kahuro seeking joinder as an interested party in a pending land dispute over L.R. Laikipia/Ol'arabel/286, and leave to respond to the proceedings. The applicant averred that his father, Kahuro Ngoge, purchased the suit property from the plaintiff's father, Cornelio Gicheru Wachira, and that he has peacefully occupied 5 acres of the land. The plaintiff opposed, averring that the applicant only lived on the property during a romantic relationship which later soured, that his claim of purchase in 1987 is time barred, and that the primary parties had entered into a mediation agreement. Three affidavits filed randomly without leave of the court were expunged from the record. Applying the Supreme Court's test in Trusted Society of Human Rights Alliance v Mumo Matemo, that an interested party is one with a stake in the proceedings who will be affected by the decision, the court held that at the interlocutory stage it could not determine whether the applicant's claim was time barred or whether he had left the land; it sufficed that he had stated the nature of his claim. The court allowed the joinder and granted the applicant 14 days to file his pleadings. However, it declined the prayer to set aside the mediation agreement, noting that adoption of the agreement had not yet taken place and that the applicant could move the court formally once he filed the relevant pleading.

Key legal issues

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01

Joinder of an interested party in a pending land suit

Holding

The applicant was joined as an interested party because he stated the nature of his claim (that his father purchased the suit property and he occupies 5 acres), and only by being on board can he articulate his claim

Reasoning

Applying the Supreme Court's test in Trusted Society of Human Rights Alliance v Mumo Matemo, the court held that a person with a stake in the proceedings who will be affected by the decision either way should be joined. At the interlocutory stage the court cannot interrogate whether the claim is time barred or whether the applicant left the land; it suffices that he has stated the nature of his claim.

p. 2
02

Setting aside of a mediation agreement before adoption

Holding

The court declined to set aside the mediation agreement because the applicant's claim was not yet formally pleaded

Reasoning

The matter had been referred to mediation and a mediation agreement was due for adoption but adoption had not taken place. The court held that the applicant, whose claim was not yet set out in a pleading, could not seek setting aside at that stage; he was granted liberty to move the court formally after filing his pleading.

p. 2

Legal principles established

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  • An interested party is one with a stake in the proceedings who will be affected by the court's decision and whose interest cannot be well articulated unless he appears in the proceedings

Court orders

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  1. 1.The applicant is hereby allowed to be joined in these proceedings as an interested party
  2. 2.The applicant is granted 14 days to file his pleadings (statement of claim)
  3. 3.The prayer for setting aside of the mediation agreement is declined, with liberty to move the court formally once the applicant files the relevant pleading
  4. 4.The affidavits filed randomly without leave of the court (by the applicant, Simon Barusei and Franklin Mukiri, and Samuel Ngugi Wanjeru) are expunged from the records

Authorities

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Cases cited (1)

  • Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others
    [2014] eKLR
Jurisdiction invoked
Inherent powers of the court over joinder of interested parties in pending proceedings (discretionary joinder; Trusted Society of Human Rights Alliance v Mumo Matemo standard applied)

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, "Mathambo v Munene & 4 others (Environment and Land Case E008 of 2024) [2026] KEELC 3337 (KLR)", Case Analysis (2026). Notice of motion application dated 24.9.2025 (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3337/eng@2026-05-28

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