Kiloku & another v Kithaka & 32 others (Environment and Land Case E084 of 2021) [2026] KEELC 5127 (KLR)

The issues the Court set itself to decide, in its own words.

1. 1.Whether the Defendants may join the 6 Interested Parties in the Counter-claim against whom they have a substantive claim, without giving them the opportunity to defend as Defendants
2. 2.How the Counter-claim should be amended to give the Interested Parties the right to a fair trial

• An interested party may not frame its own fresh issues or introduce new issues for determination by the court; its participation in a suit is limited and it cannot even file pleadings
• Joining parties as interested parties against whom a substantive claim is made denies them the opportunity to defend and thereby denies them the right to a fair trial

1. 1.The Defendants' Counter-claim be appropriately amended within 21 days to strike out the 6 Interested Parties named as such therein and instead add them as Defendants in the Counter-claim in addition to the Plaintiffs in the main suit
2. 2.The Counter-claim should comply with the provisions of Order 7 of the Civil Procedure Rules for clarity
3. 3.Service upon the 6 Defendants shall be physical and personal
4. 4.The Plaintiffs must demonstrate service upon all the Defendants, more so those not represented by P. Wasolo & Company Advocates
5. 5.Further directions on the hearing of the case shall follow upon compliance with the above orders

One judgment of the whole court — no separate or dissenting opinions.

Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.