Mathambo v Munene & 4 others (Environment and Land Case E008 of 2024) [2026] KEELC 3337 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Joinder of an interested party in a pending land suit
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
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.
Setting aside of a mediation agreement before adoption
The court declined to set aside the mediation agreement because the applicant's claim was not yet formally pleaded
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.
Legal principles established
#- 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
#- 1.The applicant is hereby allowed to be joined in these proceedings as an interested party
- 2.The applicant is granted 14 days to file his pleadings (statement of claim)
- 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.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
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.