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ELCDismissedELC Appeal No. 192 of 2025· [2026] KEELC 5246 (KLR)

Kenya National Highways Authority v Sheikh and Sheikh (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 2 others (Land Case Appeal E192 of 2025) [2026] KEELC 5246 (KLR)

Environment and Land Court
6 August 2026
MKMohammed N. Kullow
1,697 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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What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nairobi (Kullow J) determined an application by intended interested parties - self-described long-standing squatters on the suit property, Nairobi/Block 37/63 formerly LR No 209/163 - seeking leave to be enjoined in pending appeal proceedings, together with leave to file pleadings and affidavits. The application was supported by the affidavit of Richard Kamau Kahara, who argued the applicants' rights would be directly affected and that their exclusion risked multiple inconsistent judgments, citing Mbaki v Macharia. The 1st Respondent, through Abdul Waheed Sheikh's replying affidavit, opposed the joinder, arguing the applicants' adverse possession claim had already been heard and dismissed in ELC 102 of 2008 (Angote J), that they had no identifiable stake, invoking Muruatetu, res judicata (Maina Kiai) and abuse of process. The court framed a single issue: whether the application was merited. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the tests in Kingori v Chege, Muruatetu and Civicon Ltd v Kivuwatt, the court held the crux was necessity, and that the applicants had no demonstrated, identifiable rights warranting joinder, since their adverse possession claim had failed for want of the requisite 12-year period. The court could effectually decide the appeal without them. The Notice of Motion dated 20th February 2026 was dismissed, with costs to be borne by the Applicants.

Key legal issues

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01

Whether the intended interested parties (self-described long-standing squatters claiming adverse possession) ought to be joined in the appeal

Holding

The application for joinder was dismissed; the Applicants lack a demonstrated, identifiable right in the suit property and their presence is not necessary for the effective determination of the appeal

Reasoning

The court applied Order 1 Rule 10(2) and the joinder tests in Kingori v Chege and the interested-party threshold in Francis Karioki Muruatetu. The Applicants' claimed basis was adverse possession, already litigated and dismissed in ELC 102 of 2008 by Angote J, whose judgment found less than 12 years of possession. There was therefore no grey area as to their position, and the court could decide the appeal without them. The 1st Respondent's res judicata and abuse-of-process arguments were noted in support.

p. 7

Legal principles established

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  • Joinder of a party is discretionary and the core test is whether the party is necessary - one with a demonstrable stake whose presence is needed for the court to effectually and completely adjudicate on the suit

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 (joinder of parties)

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 and Sheikh (As Trustees of Sheikh Fazal Ilahi Noordin Charitable Trust) & 2 others (Land Case Appeal E192 of 2025) [2026] KEELC 5246 (KLR)", Case Analysis (2026). ELC Appeal No. 192 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5246/eng@2026-08-06

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