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ELCAllowedELC.E179.2021-NBI· [2026] KEELC 5289 (KLR)

Gachuhi v Kamonjoh & 6 others (Environment and Land Case E179 of 2021) [2026] KEELC 5289 (KLR)

Environment and Land Court
14 August 2026
JKJ. G. KEMEI
2,046 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court struck two interested parties out of a land suit, confirming you cannot be dragged into litigation unless your presence is genuinely necessary.

What this practically means

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Executive summary

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The 1st and 2nd Interested Parties applied by Chamber Summons dated 10/3/2026, anchored on Sections 1A, 3, 3A and 3B of the Civil Procedure Act and Order 1 Rule 10 and 14 of the Civil Procedure Rules, to strike out their names from a suit filed by the Plaintiff by a Plaint dated 14/12/2020. The underlying claim is for adverse possession over LR Nos 1490/90 and 1490/96, based on a 1998 sale agreement, payment of the purchase price and over 12 years of continuous occupation. The applicants denied owning the suit properties, asserting they jointly owned only LR No 14970/90, which was charged to Equity Bank and later sold, and that the court's Ruling of 28/10/2025 declining to join Equity Bank confirmed the distinction between the parcels. The Plaintiff opposed, contending the applicants were properly joined given their alleged involvement in the chain of transactions and allegations of fraud and improper registration, and that an application to amend the plaint to correct land reference numbers was pending. The court framed two issues: whether the applicants' names should be struck out, and costs. Applying Order 1 Rule 10(2) and the Supreme Court's definition in Trusted Society of Human Rights Alliance v Mumo Matemo, the court held the applicants' presence was unnecessary to effectually adjudicate the dispute; if they were in fact registered owners they should have been sued as Defendants. The application was allowed as prayed, with each party bearing their own costs. Judgment was delivered virtually on 14th August 2026 by J. G. Kemei, Judge.

Key legal issues

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Whether the 1st and 2nd Interested Parties should be struck out of the suit

Holding

The court allowed their application, finding their presence was not necessary for adjudication of the dispute.

Reasoning

The court applied Order 1 Rule 10(2) and the Trusted Society definition of an interested party. The applicants denied any ownership of the suit properties (LR Nos 1490/90 and 1490/96), having adduced a Certificate of Lease for a distinct parcel, LR No 14970/90. The Plaintiff failed to show the relationship between the parcels or the necessity of the applicants to the suit. The court found them not involved in the dispute and struck out their names.

p. 7

Legal principles established

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  • An interested party is one whose presence is necessary for the court to effectually and completely adjudicate upon and settle all questions involved in the suit.

Court orders

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  1. 1.The names of the 1st and 2nd Interested Parties are struck out from the suit
  2. 2.Each party to bear their own costs
Jurisdiction invoked
Sections 1A, 3, 3A & 3B of the Civil Procedure Act and Order 1 Rule 10 and 14 of the Civil Procedure Rules

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, "Gachuhi v Kamonjoh & 6 others (Environment and Land Case E179 of 2021) [2026] KEELC 5289 (KLR)", Case Analysis (2026). ELC.E179.2021-NBI. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5289/eng@2026-08-14

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