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Case Brief · caselaw.co.ke
ELCPartially AllowedELC No. 375 of 2013

Francis Kagumba Gitonga & Another t/a Markton Bulk Suppliers v Kenya Civil Aviation Authority & Others; Ethics and Anti-Corruption Commission (Proposed 4th Defendant/Applicant)

Environment and Land Court
8 October 2026
3,165 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 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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The Ethics and Anti-Corruption Commission (EACC) moved the court by a Notice of Motion dated 24th April 2026 under Order 1 Rule 10(2) of the Civil Procedure Rules seeking to be joined as the 4th Defendant in a long-running land dispute between Markton Bulk Suppliers and the Kenya Civil Aviation Authority (KCAA), the Chief Land Registrar and the Attorney General. The EACC deponed, through investigator Gertrude Sielei, that it was investigating allegations that L.R. No. 39/I/R, approximately 87 acres of public land in Embakasi reserved for KCAA and occupied by the East African School of Aviation, was unlawfully subdivided and alienated to private persons, with about 30 acres registered to third parties and no part development plans supporting the alienation. The Plaintiffs opposed, arguing the application was misconceived, an abuse of process given the part-heard status of the 2013 suit, and unnecessary since the Attorney General already represented the public interest. The 2nd and 3rd Defendants supported the application. The court framed a sole issue: whether the EACC should be joined as a Defendant. Applying Order 1 Rules 3 and 10(2) and the principles in Pravin Bowry, Deported Asians Custodian Board, Civicon and Meme, the court found the EACC had a sufficient and identifiable interest since the legality of the subdivision and of the Plaintiff's title was the very subject of its investigations. However, because no party pleaded any claim or sought relief against the EACC, the trial was substantially progressed, and its investigations were preliminary, joinder as a Defendant was declined. The court instead joined the EACC as an Interested Party, granted it 30 days to file witness statements and documents, gave existing parties 15 days to respond, and made no orders as to costs.

Questions the Court framed

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

  1. 1.Whether the Applicant (EACC) should be joined into these proceedings as a Defendant

Key legal issues

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Whether the EACC should be joined as a Defendant under Order 1 Rule 10(2)

Holding

Joinder as a defendant declined; the EACC joined as an Interested Party instead.

Reasoning

The central dispute is the legality of the subdivision and alienation of L.R. No. 39/I/R and the validity of the Plaintiff's title, the very matters under EACC investigation. However, no party pleaded a cause of action or sought relief against the EACC, the trial is substantially progressed since 2013, and its investigations are preliminary. Joining it as a defendant would necessitate amendments and reopening of the trial, causing delay and prejudice. Its interest is adequately protected by joinder as an Interested Party.

p. 15

Legal principles established

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  • A party with a sufficient and identifiable interest in the subject matter may be joined as an Interested Party where joinder as a defendant is unwarranted because no relief is sought against it.

Court orders

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  1. 1.The Applicant (EACC) is joined as an Interested Party to the proceedings
  2. 2.The Applicant is granted leave to file and serve, within 30 days, witness statements together with the bundle of documents upon which it intends to rely
  3. 3.The existing parties shall have corresponding leave to file further witness statements and documents, if any, within 15 days of service
  4. 4.There shall be no orders as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 3 & 19 of the Environment and Land Court Act; Sections 3A & 63(e) of the Civil Procedure Act; Order 1 Rule 10(2) of the Civil Procedure Rules

Relief refused

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Joinder of the EACC as the 4th Defendant

No cause of action pleaded against it; proceedings part-heard; investigations preliminary; its interest adequately protected by joinder as Interested Party

p. 15

Costs

There shall be no orders as to costs.

Quotable passages

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

it is readily apparent that the central issue in dispute is the legality of the subdivision and alienation of the original parcel, L.R. No. 39/I/R, and, consequently, the validity of the Plaintiff's title to L.R. No. 9042/800.
p. 13Central issue in dispute
Neither the Plaintiff, in its plaint, nor the 2nd Defendant, in its defence and counterclaim, has pleaded any cause of action against the Applicant or sought any relief against it.
p. 14Basis for declining joinder as defendant
Accordingly, the prayer seeking to join the Applicant as the 4th Defendant is declined.
p. 15Disposition - relief refused
The Applicant is hereby joined as an Interested Party to these proceedings.
p. 15Final orders - joinder as Interested Party
There shall be no orders as to costs.
p. 15Final orders - costs

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, "Francis Kagumba Gitonga & Another t/a Markton Bulk Suppliers v Kenya Civil Aviation Authority & Others; Ethics and Anti-Corruption Commission (Proposed 4th Defendant/Applicant)", Case Analysis (2026). ELC No. 375 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6252/eng@2026-10-08

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