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ELCPartially AllowedNotice of motion dated 17-2-2026 (arising from a petition dated 2-9-2025)· [2026] KEELC 3688 (KLR)

Karoki & 2 others v Murang’a County Land Registrar & 5 others (Land Case Petition E005 of 2025) [2026] KEELC 3688 (KLR)

Environment and Land Court
16 June 2026
MGM.N. Gicheru
877 words in judgment
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The bottom line

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What this practically means

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Executive summary

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The Petitioners moved the court by notice of motion dated 17-2-2026, brought under Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Orders 8 and 51 rule 1 of the Civil Procedure Rules, seeking leave to amend their notice of motion dated 2-9-2025 and the petition, to have the amended pleadings deemed properly on record, and to join the Director, Land Adjudication and Settlement as 6th Respondent. The amendment sought principally to correct the suit parcel number from Maragua/Ridge/249 to Maragua/Ridge/870-914 (originally Maragua/Ridge/57). The 4th Respondent opposed, arguing no new evidence had been introduced, that she never authorised any encroachment, subdivision or administrative process on the suit land, that the Petitioners lack locus standi, and that the suit land is privately held. The court framed four issues: whether the amendment ensures determination on substantive merits rather than technical defects; whether it is made in good faith; whether any prejudice would be occasioned; and whether the law permits amendment of petitions. Relying on rule 18 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, the court held that an error in a parcel number should not derail justice, that the amendment was made in good faith and fairly early before pleadings closed, and that the Respondents could amend their responses, so no prejudice would arise. The motion was allowed in terms of prayers 1, 2 and 3, with costs in the petition.

Key legal issues

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01

Whether the amendment ensures the case is decided on substantive merits rather than technical defects

Holding

The amendment corrects the suit parcel number to Maragua/Ridge/870-914 (originally Maragua/Ridge/57) and furthers the course of justice.

Reasoning

The court found the amendment merely corrects an error in the description of the suit land, substituting the relevant parcel for a wrongly quoted one. Dealing with the correct land advances substantive justice, and technical mistakes in land identification should not defeat the determination of the real dispute between the parties.

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02

Whether the amendment is in good faith and whether any prejudice is occasioned

Holding

The amendment is in good faith and occasions no prejudice to the Respondents, who may amend their responses in turn.

Reasoning

The court found the amendment was not intended to mislead the court or gain advantage over the Respondents but only to rectify an error. No prejudice was identified because the Respondents retain the ability to amend their responses, and the application was made fairly early, before the pleadings closed.

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03

Whether the law allows amendment of petitions

Holding

Yes; rule 18 of the Mutunga Rules expressly permits amendment of pleadings at any stage with leave of the Court.

Reasoning

The court invoked rule 18 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, which authorises a party wishing to amend its pleadings at any stage of the proceedings to do so with the leave of the Court, thereby giving the court jurisdiction to grant the amendment sought.

p. 3

Legal principles established

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  • A party may amend its pleadings at any stage of proceedings with the leave of the Court.
  • An error in a suit parcel number should not be allowed to derail the course of justice.

Court orders

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  1. 1.Leave granted to amend the notice of motion dated 2-9-2025 and the petition upon such a period as the Court deems just (prayer 1).
  2. 2.The amended notice of motion dated 2-9-2025 and amended petition deemed properly on record, with the Respondents at liberty to file further reply if they desire (prayer 2).
  3. 3.Leave granted to join/incorporate the Director, Land Adjudication and Settlement as the 6th Respondent, at liberty to file a reply if they so desire (prayer 3).
  4. 4.Costs in the petition.

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 63(e)
  • Civil Procedure RulesOrders 8 and 51 rule 1
  • Constitution of Kenya (Protection of Rights and Fundamentals Freedoms) Practice and Procedure Rules 2013Rule 18
Jurisdiction invoked
Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act; Orders 8 and 51 rule 1 of the Civil Procedure Rules; rule 18 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013

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, "Karoki & 2 others v Murang’a County Land Registrar & 5 others (Land Case Petition E005 of 2025) [2026] KEELC 3688 (KLR)", Case Analysis (2026). Notice of motion dated 17-2-2026 (arising from a petition dated 2-9-2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3688/eng@2026-06-16

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