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ELCDismissedELCL Appeal 192 of 2025· [2026] KEELC 4566 (KLR)

Kenya National Highways Authority v Sheikh & another (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 9 others (Environment and Land Appeal E192 of 2025) [2026] KEELC 4566 (KLR)

Environment and Land Court
16 July 2026
MKMohammed N. Kullow
1,630 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court refused to let self-described squatters join a land appeal because their adverse possession claim had already been dismissed.

What this practically means

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Executive summary

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The intended interested parties, describing themselves as long-standing squatters on Nairobi/Block 37/63 (formerly LR No 209/163), applied by Notice of Motion dated 20th February 2026 to be enjoined as interested parties in this appeal, contending their rights would be directly affected by its outcome and that their exclusion risked inconsistent judgments, citing Mbaki v Macharia. The 1st Respondent opposed, swearing through Abdul Waheed Sheikh that the Applicants' adverse possession claim in ELC 102 of 2008 had been dismissed by Justice Angote on 26th February 2026, that they had no identifiable legal stake, and that the application was moot, res judicata and an abuse of process, relying on Muruatetu and the IEBC v Maina Kiai res judicata dicta. Holding that the sole issue was whether the joinder application was merited, the court restated the Order 1 Rule 10(2) framework, the Kingori v Chege principles, the Muruatetu interested-party thresholds, and Civicon on judicial discretion. Perusing Justice Angote's judgment, the court noted the finding that the Applicants' adverse possession claim failed for want of the requisite twelve years. Concluding there was no grey area left as to the Applicants' position and no demonstrated, identifiable rights warranting their participation, the court held the appeal could be decided effectively without them. The Notice of Motion was dismissed with costs to the Applicants (borne by them), on 16th July 2026 at Nairobi.

Key legal issues

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Whether the intended interested parties should be joined under Order 1 Rule 10(2)

Holding

The application was dismissed because the Applicants' claimed rights (adverse possession) had already been adjudicated and dismissed in ELC 102 of 2008, leaving them with no identifiable stake to protect.

Reasoning

The court set out the Kingori v Chege joinder principles and the Muruatetu interested-party thresholds, and Civicon on the discretionary nature of the power. It found the Applicants' claimed basis was adverse possession, a claim Justice Angote had dismissed as time-barred. With no grey area left as to their position, their presence was not necessary for the appeal's effective determination, and joinder would serve no purpose.

p. 4

Legal principles established

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  • A party seeking joinder must demonstrate a necessary or proper interest in the suit; the court may dispense with a party whose presence is not necessary for it to effectually and completely adjudicate on the matter.

Court orders

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  1. 1.The Notice of Motion Application dated 20th February 2026 is without merit and is hereby dismissed.
  2. 2.Costs of the Application be borne by the Applicants.
Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules, 2010

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, "Kenya National Highways Authority v Sheikh & another (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 9 others (Environment and Land Appeal E192 of 2025) [2026] KEELC 4566 (KLR)", Case Analysis (2026). ELCL Appeal 192 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4566/eng@2026-07-16

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