Abade & 306 others v Karima & 3534 others

ALICE NJERI KIRIMA, ANNE WANGARI KIRIMA & JAMES NJUGUNA KIRIMA (SUED AS COURT -APPOINTED ADMINISTRATORS, TRUSTEES OR SIGNATORIES OF THE ESTATE OF GERISHON KARMAU KIRIMA DECEASED ) ...................................................................................... 1ST DEFENDANT JOHN GERISHON KIRIMA .......................................................... 2ND DEFENDANT AS CONSOLIDATED WITH ENVIRONMENT & LAND CASE 509 OF 2014 BETWEEN NARIDAI MUOROTO SELF-HELP GROUP (SUING THROUGH ITS OFFICIALS, JOHN MAINA MWANGI, SAMUEL NYAMOHANGA & ANTHONY NYONGESA WAFULA) ....................................................... PLAINTIFF AND ABDIKADIR HALAKHE JIRMA .............. 1ST PROPOSED INTERESTED PARTY ABIDE FOR CHRIST CHURCH & MINISTRY .... 2ND PROPOSED INTERESTED PARTY ABININASSIR HASSAN MOHAMED ..... 3RD PROPOSED INTERESTED PARTY ADO CHEKA MWANIKI .......................... 4TH PROPOSED INTERESTED PARTY AGGREY OLANGO OGAMA .................... 5TH PROPOSED INTERESTED PARTY AKAI REGINA ............................................ 6TH PROPOSED INTERESTED PARTY AL AQSA MOSQUE .................................... 7TH PROPOSED INTERESTED PARTY ALAN ACHIANDO .................................... 8TH PROPOSED INTERESTED PARTY ALEX MWANGI .......................................... 9TH PROPOSED INTERESTED PARTY ALFRED LUSENAKA .............................. 10TH PROPOSED INTERESTED PARTY ALFRED MUGOYA AOKO ...................... 11TH PROPOSED INTERESTED PARTY ALFRED OMONDI ARUDNA ................ 12TH PROPOSED INTERESTED PARTY ALFRED OUMA ODANGA ..................... 13TH PROPOSED INTERESTED PARTY ALFRICK OPIDI ....................................... 14TH PROPOSED INTERESTED PARTY ALICE ADHIAMBO ................................. 15TH PROPOSED INTERESTED PARTY ALICE NANYAMA ................................... 16TH PROPOSED INTERESTED PARTY ALLAN OCHIENG ACHIANDO ............ 17TH PROPOSED INTERESTED PARTY AMOS KIGEN KOSGEI ............................ 18TH PROPOSED INTERESTED PARTY AMOS OMARI .......................................... 19TH PROPOSED INTERESTED PARTY AMOS OMONDI OCHIENG ................... 20TH PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 2

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ANERICO OUMA ODUOR ..................... 21ST PROPOSED INTERESTED PARTY ANITA ADHIAMBO OTEKU ................. 22ND PROPOSED INTERESTED PARTY ANN A ONGIRI ....................................... 23RD PROPOSED INTERESTED PARTY ANN AKINYI GUNDO ............................ 24TH PROPOSED INTERESTED PARTY ANN KERUBO .......................................... 25TH PROPOSED INTERESTED PARTY ANN SAVALA ............................................ 26TH PROPOSED INTERESTED PARTY ANNA ADHIAMBO ................................. 27TH PROPOSED INTERESTED PARTY ANNAH KERUBO NYAOSI .................... 28TH PROPOSED INTERESTED PARTY ANNASTACIA K MWEMA ..................... 29TH PROPOSED INTERESTED PARTY ANNASTACIA MUTHOKI ..................... 30TH PROPOSED INTERESTED PARTY ANNASTACIA MWINZI .......................... 31ST PROPOSED INTERESTED PARTY ANNE BARAKA ....................................... 32ND PROPOSED INTERESTED PARTY ANNE NDUTA .......................................... 33RD PROPOSED INTERESTED PARTY ANTON MBANDA ................................... 34TH PROPOSED INTERESTED PARTY ANTONY ANYEGA MARUNGU ........... 35TH PROPOSED INTERESTED PARTY ANTONY MAINA .................................... 36TH PROPOSED INTERESTED PARTY ANTONY MUNGAI KARITI .................. 37TH PROPOSED INTERESTED PARTY ANTONY MWANGI WANYOIKE .......... 38TH PROPOSED INTERESTED PARTY ANTONY NJUGUNA ............................... 39TH PROPOSED INTERESTED PARTY ANYIM IMELDA PAULINE .................... 40TH PROPOSED INTERESTED PARTY ARISTARICO OJUEDO ONYANGO ...... 41ST PROPOSED INTERESTED PARTY ARNEST OCHIENG AKELO .................. 42ND PROPOSED INTERESTED PARTY AUSTINE OTIENO ................................... 43RD PROPOSED INTERESTED PARTY AWINO KAKOTH CHARLES ................ 44TH PROPOSED INTERESTED PARTY AYELE KIMBO KURA ............................. 45TH PROPOSED INTERESTED PARTY AYUB OMONDI OLUOCH ..................... 46TH PROPOSED INTERESTED PARTY BARNABAS NYONDA ............................ 47TH PROPOSED INTERESTED PARTY BEATRICE AKINYI ODHIAMBO .......... 48TH PROPOSED INTERESTED PARTY BENARD AYUMA ONGERI ................... 49TH PROPOSED INTERESTED PARTY BENARD M MANTIBE ........................... 50TH PROPOSED INTERESTED PARTY BENARD MOBAGI ................................... 51ST PROPOSED INTERESTED PARTY BENARD OBONYO ................................. 52ND PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 3

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BENARD ONDIEKI ................................. 53RD PROPOSED INTERESTED PARTY BENARD ONYANGO OMWENO .......... 54TH PROPOSED INTERESTED PARTY BENARD ONYANGO OSINO ................. 55TH PROPOSED INTERESTED PARTY BENARD RASUNGU ............................... 56TH PROPOSED INTERESTED PARTY BENEDICT ERONDE .............................. 57TH PROPOSED INTERESTED PARTY BENEDICT MUTUA KISILU .................. 58TH PROPOSED INTERESTED PARTY BENJAMIN OTIENO ONYOLO ............. 59TH PROPOSED INTERESTED PARTY BENSON IKUMBA KAMAU ................... 60TH PROPOSED INTERESTED PARTY BENSON MAFURA ................................... 61ST PROPOSED INTERESTED PARTY BENSON MWANGI .................................. 62ND PROPOSED INTERESTED PARTY BENSON OGILO ....................................... 63RD PROPOSED INTERESTED PARTY BENSON OKOTE ...................................... 64TH PROPOSED INTERESTED PARTY BENSON ONGANGA ............................... 65TH PROPOSED INTERESTED PARTY BENSON WNAYONYI MAFURA .......... 66TH PROPOSED INTERESTED PARTY BERE GOLICHA CHOKE ........................ 67TH PROPOSED INTERESTED PARTY BERNADETTE BONARERI NYAKEYA .... 68TH PROPOSED INTERESTED PARTY BERNARD ODONGO ............................. 69TH PROPOSED INTERESTED PARTY BETHWEL OCHIENG ODIT .................. 70TH PROPOSED INTERESTED PARTY BETTY SHISANYA .................................... 71ST PROPOSED INTERESTED PARTY BILHA ADHIAMBO ................................. 72ND PROPOSED INTERESTED PARTY BILLIAH MMBASA .................................. 73RD PROPOSED INTERESTED PARTY BILLIAH MBASU ...................................... 74TH PROPOSED INTERESTED PARTY BILLIAH MONYENYE PAUL .................. 75TH PROPOSED INTERESTED PARTY BOAZ OBARA ........................................... 76TH PROPOSED INTERESTED PARTY BRIAN OMONDI JUMA ......................... 77TH PROPOSED INTERESTED PARTY BRIGID NDOMBI NAMULANDA ......... 78TH PROPOSED INTERESTED PARTY BROWN SHIGHALI MAGANI ............... 79TH PROPOSED INTERESTED PARTY CALEB ISIJI LUMWAYI ........................... 80TH PROPOSED INTERESTED PARTY CALVIN OBIERO ...................................... 81ST PROPOSED INTERESTED PARTY CALVIN OLELA ........................................ 82ND PROPOSED INTERESTED PARTY CALVIN OMONDI OTIENO .................. 83RD PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 4

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CALVIN WASONGA OMONDI .............. 84TH PROPOSED INTERESTED PARTY CALVINCE OKOTH OTULO .................. 85TH PROPOSED INTERESTED PARTY CAROLINE ACHIENG’ OCHARA ........ 86TH PROPOSED INTERESTED PARTY CAROLINE AKINYI ................................ 87TH PROPOSED INTERESTED PARTY CAROLINE ANYANGO ........................... 88TH PROPOSED INTERESTED PARTY CAROLYNE MIMA .................................. 89TH PROPOSED INTERESTED PARTY CHARLE KAKOTH .................................. 90TH PROPOSED INTERESTED PARTY CHARLES ADEGA OMONDI .................. 91ST PROPOSED INTERESTED PARTY CHARLES APUT ...................................... 92ND PROPOSED INTERESTED PARTY CHARLES ARAN AKUMU ..................... 93RD PROPOSED INTERESTED PARTY CHARLES AWUONDA ............................ 94TH PROPOSED INTERESTED PARTY CHARLES AWUONDA ANGIENDA ..... 95TH PROPOSED INTERESTED PARTY CHARLES CHERUIYOT ......................... 96TH PROPOSED INTERESTED PARTY CHARLES JAOKO .................................... 97TH PROPOSED INTERESTED PARTY CHARLES KEYA ....................................... 98TH PROPOSED INTERESTED PARTY CHARLES MWAMBA .............................. 99TH PROPOSED INTERESTED PARTY CHARLES NYAGIGO OPONDO .......... 100TH PROPOSED INTERESTED PARTY CHARLES NYAOKE ............................... 101ST PROPOSED INTERESTED PARTY CHARLES O OKUSI .............................. 102ND PROPOSED INTERESTED PARTY CHARLES OKARI .................................. 103RD PROPOSED INTERESTED PARTY CHARLES OTIENO APUT ................... 104TH PROPOSED INTERESTED PARTY CHARLES OTIENO NYAMANGA ....... 105TH PROPOSED INTERESTED PARTY CHARLES OUMA MWAMBA ............... 106TH PROPOSED INTERESTED PARTY CHARLES SAMBA OGWEYO ............... 107TH PROPOSED INTERESTED PARTY CHATO ADO DARO .............................. 108TH PROPOSED INTERESTED PARTY CHRIST THE HEAD OF CHURCH AFRICA .... 109TH PROPOSED INTERESTED PARTY CHRISTINE ACHIENG ......................... 110TH PROPOSED INTERESTED PARTY CHRISTINE ACHIENG’ A .................... 111TH PROPOSED INTERESTED PARTY CHRISTINE MUMBUA ......................... 112TH PROPOSED INTERESTED PARTY CHRISTOPHER THEURI ..................... 113TH PROPOSED INTERESTED PARTY COLLINS AYIER .................................... 114TH PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 5

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COLLINS KWENA ................................. 115TH PROPOSED INTERESTED PARTY COLLINS LIKO ABERE ......................... 116TH PROPOSED INTERESTED PARTY COLLINS OJWANG’ ............................... 117TH PROPOSED INTERESTED PARTY CORNEL ODHIAMBO OKENGO .. ..... 118TH PROPOSED INTERESTED PARTY CYNTHIAN ALUOCH AWITI ............. 119TH PROPOSED INTERESTED PARTY DALMAS ORIYA .................................... 120TH PROPOSED INTERESTED PARTY DALMAS OUMA OWUOR .................... 121ST PROPOSED INTERESTED PARTY DAN AKUMU ......................................... 122ND PROPOSED INTERESTED PARTY DAN BOSCO MUIA ............................... 123RD PROPOSED INTERESTED PARTY DANIEL CHEMOIYWO ......................... 124TH PROPOSED INTERESTED PARTY DANIEL GITANGA MAYAKA .............. 125TH PROPOSED INTERESTED PARTY DANIEL MUSYOKA MUVALI .............. 126TH PROPOSED INTERESTED PARTY DANIEL OKEYO ..................................... 127TH PROPOSED INTERESTED PARTY DANIEL OKOTH AHERI ...................... 128TH PROPOSED INTERESTED PARTY DANIEL OSUSU NYAMOSI .................. 129TH PROPOSED INTERESTED PARTY DAVID ADWERA ................................... 130TH PROPOSED INTERESTED PARTY DAVID MUTISYA .................................... 131ST PROPOSED INTERESTED PARTY DAVID OBONYO .................................... 132ND PROPOSED INTERESTED PARTY DAVID ODIYO ODIYO .......................... 133RD PROPOSED INTERESTED PARTY DAVID RADIALA ................................... 134TH PROPOSED INTERESTED PARTY DAWIN OUMA ....................................... 135TH PROPOSED INTERESTED PARTY DENEDICT ENONDE ........................... 136TH PROPOSED INTERESTED PARTY DENIS MOSE ........................................... 137TH PROPOSED INTERESTED PARTY DENIS OMAO ......................................... 138TH PROPOSED INTERESTED PARTY DENNIS AWUONDE ............................. 139TH PROPOSED INTERESTED PARTY DENNIS KEONGO NYAEMA ............... 140TH PROPOSED INTERESTED PARTY DENNIS M MABIA ................................. 141ST PROPOSED INTERESTED PARTY DENNIS MEJA OIGO ............................ 142ND PROPOSED INTERESTED PARTY DENNIS NJOGU ..................................... 143RD PROPOSED INTERESTED PARTY DENNIS NYAKUNDI ............................ 144TH PROPOSED INTERESTED PARTY DENNIS ONYANGO OJOWI ................ 145TH PROPOSED INTERESTED PARTY DENNIS OPEL ........................................ 146TH PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 6

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DENNIS OSOSO ..................................... 147TH PROPOSED INTERESTED PARTY DICKENS MARTIN OKEYO ................ 148TH PROPOSED INTERESTED PARTY DICKSON KIMONDO .......................... 149TH PROPOSED INTERESTED PARTY DICKSON MURUNGA WAYELO ........ 150TH PROPOSED INTERESTED PARTY DIFNA LIMARENG ................................ 151ST PROPOSED INTERESTED PARTY DOMINIC BOSIRE ................................ 152ND PROPOSED INTERESTED PARTY DOMINIC OYUGI BOSIRE ................... 153RD PROPOSED INTERESTED PARTY DORAH ADHIAMBO ............................ 154TH PROPOSED INTERESTED PARTY NICHOLUS K NGETICH ...................... 155TH PROPOSED INTERESTED PARTY DOROTHY AJIAMBO ........................... 156TH PROPOSED INTERESTED PARTY DOROTHY OGUTU AKINYI ............... 157TH PROPOSED INTERESTED PARTY DUNCAN MUTEMI ............................... 158TH PROPOSED INTERESTED PARTY DUNCAN OTIENO NYANGORE ........ 159TH PROPOSED INTERESTED PARTY DUNCAN OUMA WABWIRE .............. 160TH PROPOSED INTERESTED PARTY DUNCAN OUMA WABWIRE ............... 161ST PROPOSED INTERESTED PARTY DUNCAN OUMA WABWIRE .............. 162ND PROPOSED INTERESTED PARTY EDWARD KEYA ..................................... 163RD PROPOSED INTERESTED PARTY EDWARD M MANTIBE ......................... 164TH PROPOSED INTERESTED PARTY EDWARD ODHIAMBO ......................... 165TH PROPOSED INTERESTED PARTY EDWARD OMBATI MANYIBE ............. 166TH PROPOSED INTERESTED PARTY EDWARD OTIENO ................................ 167TH PROPOSED INTERESTED PARTY EDWARD SANYA ................................... 168TH PROPOSED INTERESTED PARTY EDWIN OCHIENG’ EDWIN OUMA JUMA .... 169TH PROPOSED INTERESTED PARTY EDWIN OUMA JUMA ........................... 170TH PROPOSED INTERESTED PARTY EDWINA OCHIENG ............................... 171ST PROPOSED INTERESTED PARTY EDWINE O OLARE ................................ 172ND PROPOSED INTERESTED PARTY EKAYA ALMASI ..................................... 173RD PROPOSED INTERESTED PARTY EKAYA ALUMASI GHONZOUR .......... 174TH PROPOSED INTERESTED PARTY EKAYA ALUMASI GHONZOU ............. 175TH PROPOSED INTERESTED PARTY ELIAS RANDIGA ARON ...................... 176TH PROPOSED INTERESTED PARTY ELIAS RANDIGA ARON ...................... 177TH PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 7

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ELIZABETH ANINDO ........................... 178TH PROPOSED INTERESTED PARTY ELIZABETH MBEYA .............................. 179TH PROPOSED INTERESTED PARTY ELIZABETH NJUGUNA ........................ 180TH PROPOSED INTERESTED PARTY ELIZABETH WANKIRU GATHAGU ... 181ST PROPOSED INTERESTED PARTY ELKANA SERETI MOTANYA .............. 182ND PROPOSED INTERESTED PARTY ELKANAH MOKUA NDUMA .............. 183RD PROPOSED INTERESTED PARTY ELLIS OMONDI ...................................... 184TH PROPOSED INTERESTED PARTY ELLY OJWALA ........................................ 185TH PROPOSED INTERESTED PARTY ELLY WALWENDA ................................. 186TH PROPOSED INTERESTED PARTY EMILLY OGATA ..................................... 187TH PROPOSED INTERESTED PARTY EMILY HENRY ........................................ 188TH PROPOSED INTERESTED PARTY EMMA MUTHONI KIMANI ................ 189TH PROPOSED INTERESTED PARTY EMMANUEL ANDALA ......................... 190TH PROPOSED INTERESTED PARTY EMMANUEL OUMA ANDALA. ............ 191ST PROPOSED INTERESTED PARTY ERIC N OMORO .................................... 192ND PROPOSED INTERESTED PARTY ERIC OMONDI OTIENO ...................... 193RD PROPOSED INTERESTED PARTY ERIC/PETER/BILHA ............................. 194TH PROPOSED INTERESTED PARTY ERICK MISIANI ..................................... 195TH PROPOSED INTERESTED PARTY ERICK OCHIENG .................................. 196TH PROPOSED INTERESTED PARTY ERICK OCHILLO ................................... 197TH PROPOSED INTERESTED PARTY ERICK ODHIMABO OTULO ............... 198TH PROPOSED INTERESTED PARTY ERICK OKISO ........................................ 199TH PROPOSED INTERESTED PARTY ERICK OMONDI ................................... 200TH PROPOSED INTERESTED PARTY ERICK OTIENO ...................................... 201ST PROPOSED INTERESTED PARTY ERICKSON SHIKOCH .......................... 202ND PROPOSED INTERESTED PARTY ESBON IRUNGU KAMAU .................... 203RD PROPOSED INTERESTED PARTY ESBORU MASITA ................................... 204TH PROPOSED INTERESTED PARTY ESTHER ADHIAMBO ACHIANDO .... 205TH PROPOSED INTERESTED PARTY ESTHER AKOTH URIME ..................... 206TH PROPOSED INTERESTED PARTY ESTHER ANTONY ................................ 207TH PROPOSED INTERESTED PARTY ESTHER GACHERI ................................ 208TH PROPOSED INTERESTED PARTY ESTHER JOSEPHINE MUNJUGA ........ 209TH PROPOSED INTERESTED PARTY https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 8

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ESTHER K WERUNGA ......................... 210TH PROPOSED INTERESTED PARTY ESTHER MUMBI MUNUVE ................. 211TH PROPOSED INTERESTED PARTY ESTHER NJOGU .................................... 212TH PROPOSED INTERESTED PARTY ESTHER NYAGA .................................... 213TH PROPOSED INTERESTED PARTY EUNICE ADHIAMBO ............................ 214TH PROPOSED INTERESTED PARTY EUNICE WAIRIMU NDEGWA ............. 215TH PROPOSED INTERESTED PARTY EVALINE AKUMU ................................. 216TH PROPOSED INTERESTED PARTY EVALYNE MALUSA ............................... 217TH PROPOSED INTERESTED PARTY EVANGELICAL CHRIST CHURCH OF AFRICA (ISAIAH) .... 218TH PROPOSED INTERESTED PARTY EVANS AKOKO OYARE ........................ 219TH PROPOSED INTERESTED PARTY EVANS MOMANYI NYAMBANE ......... 220TH PROPOSED INTERESTED PARTY EVANS ODERO ....................................... 221ST PROPOSED INTERESTED PARTY EVANS ORENDE EVANS ORENDE .... 222ND PROPOSED INTERESTED PARTY EVANS OSEKO MAGETO ..................... 223RD PROPOSED INTERESTED PARTY EVELYNE OLIECH ................................. 224TH PROPOSED INTERESTED PARTY EVERLIINE A ALABU ........................... 225TH PROPOSED INTERESTED PARTY EVERLINE WHITE OKITA EVERLINE WHITE OKITA .... 226TH PROPOSED INTERESTED PARTY EVERLYN KAWILA MUTEMI ............. 227TH PROPOSED INTERESTED PARTY EZEKIEL O RAKINDA .......................... 228TH PROPOSED INTERESTED PARTY FAITH ACHIENG MIENJE ................... 229TH PROPOSED INTERESTED PARTY FAITH NYAURA .................................... 230TH PROPOSED INTERESTED PARTY FATUMA HUSSEIN & 3300 OTHERS & 3300 OTHERS & 3300 OTHERS & 3300 OTHERS ................................................... 231ST PROPOSED INTERESTED PARTY RULING 1. The proposed 3531 interested parties led two applications dated 13/11/2023 and 9/4/2024 seeking the following orders: 1 Spent 2. That this Honourable Court be pleased to enjoin the Proposed Interested Parties/Applicants to the suit herein. 3. That pending the hearing of this Application, this Honourable Court be pleased to issue an order of Stay of execution of the Court Order dated 23rd October 2023 directing that the https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 9

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proposed Interested Parties/Applicants who are in occupation of part of L.R. No. 6825/2 and L/R No. 5908/8 to vacate the said properties by the 31st of December 2023 in default, the Defendants/Respondents be at liberty to forcefully evict them. 4. That pending the hearing and determination of this Application, that Status Quo be maintained in favour of the proposed Interested Parties/Applicants herein. 5. That pending the hearing and determination of the Application, this Honourable Court be pleased to issue an Order extending the period for which the Proposed Interested Parties/ Applicants are to vacate the properties they presently occupy within the properties known as L.R. No. 6825/2 and L.R. No. 5908/8 for a period of ninety (90) days from the 31st of December 2023. 6. That pending the hearing and determination of this Application, this Honourable Court be pleased to issue an Order of injunction restraining the Defendants/Respondents (anne Wangare Kirima And Theresia Wairimu Kirima) and/or their agents, servants and or assigns from forcefully evicting the Proposed Interested Parties/Applicants from the plots they each presently occupy within the properties known as L.R No. 6825/2 and L.R. No. 5908/8 7 That costs of this Application be provided for. 8. That such further and/or other orders be made as the court may deem t and expedient. 2. The Applications were premised on the grounds set on its face and the adavits sworn in support thereof. 3. The applications were opposed vide the replying adavits of Teresia W. Karima; Paul Ndungu Kioi and grounds of opposition dated 6/2/2024 by Anne Wangari Kirima, Mr. Kioi urged the Court to take judicial notice of the application pending before the Court of Appeal. He deposed that the Court of Appeal already gave status quo orders pending the hearing of the various applications led against the judgement. Hence the prayers for stay of execution has been overtaken by events of having been dealt with by a higher court. 4. On joinder of parties, the Respondents aver that the court is functus ocio. Further that the Applicants do not desire to have the judgment altered in any way hence their joinder to these proceedings will serve no useful purpose. With regard to the motion dated 31/10/2023 by Gwandaru & Associates to join Bernado Vicezo De Masi as an Interested Party, Mr. Kioi reiterated that the court is functus ocio and any dissatised party ought to move to the Court of Appeal. 5. He averred that the application for setting aside the judgment is sub judice considering the existence of Civil Appeal NO E022 of 2024; Dennis Otieno Ounda and 4 others -Vs Teresia Wairimu Kirima & 28 Others and NBI Court of Appeal CA NO E012 of 2023 – Naridai Muoroto Self Help Group Vs James Gitundu & Others. That the application does not come within the parameters of Order 45 of the Civil Procedure Rules. Analysis and Determination 6. The Applicants in the applications dated 13/11/2023 and 9/4/2024 want this court to join them as Interested Parties to the consolidated suits under the provisions of Order 1 Rule 10 (2) of the Civil Procedure Rules. The said rule provides thus: (2) The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plainti or defendant, be struck out, and that the name of any https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 10

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person who ought to have been joined, whether as plainti or defendant, or whose presence before the court may be necessary in order to enable the court eectually and completely to adjudicate upon and settle all questions involved in the suit, be added. 7. The purpose of joinder is stated that it is to enable the court eectually and completely adjudicate upon and settle all questions involved in the suit. In this case, the suit is already heard and determined. The 3531 proposed interested parties are seeking to join the suit post judgment. As deposed by Mr Kioi, they have not sought to alter the existing judgment in anyway. The additional prayer besides joinder is for an order of injunction restraining their eviction from properties L.R NO 6825/2 and 5908/8. 8. An order of injunction staying the execution of a decree can only be granted pending an event such as setting aside the decree or determination of an appeal. These Applicants have not prayed for either of the two events hence there would be no basis to grant the injunction orders prayed. In any event, it is pleaded that there is already an order for status quo issued by the Court of Appeal in a related matter. The order of status quo means that the Applicants are beneciaries and will not suer any risk of being evicted. I conclude by stating that the Applicants have not demonstrated by they should be joined to these proceedings. The application dated 13/11/2023 and 9/4/2024 are dismissed with no order on costs. 9. The 2nd application for joinder is dated 31/10/2023 seeking to join Bernado Viazo De Masi as an Interested Party. Besides joinder, he also prays that the judgment and decree be reviewed and/or set aside to enable a retrial. The grounds for setting aside a regular judgment were laid down in the case of Shah Vs Mbogo ( ) E.A inter alia that the Applicants have a god defence to the claim. 10. The subject matter in this case was claim for adverse possession by the plainti particularly in ELC 1257 of 2014. One of the grounds listed in support of this mortion is that the estate of Dominico De Masi (Deceased) owns the suit property and they were shocked to lean that the estate of Gershom Kirima and John Gerishon Kirima were also claiming the land L.R 5908/8. That the emergence of the estate of Dominico De Masi as the owner of L.R 5908/8 is an important matter to warrant the review of the judgment. 11. Thus, the nature of defence this new person intends to raise is that of ownership. As between the existing parties, the plaintis claimed ownership through purchase and occupation. The ownership of Dominico De Masi is independent of the interests of the existing parties to be litigated on its own and in my view does not constitute a cause to review the judgment before a determination is made of who between the Kirima’s and the Applicant own the suit property. 12. I am alive to the fact that the Applicant is a party to a new suit led vide ELC LC PET. NO E027 of 2023 where the pertinent issues of ownership of the suit properties can be determined. For now, the present application is premature and I hereby proceed to strike it out. Each party shall bear their respective costs. DATED, SIGNED & DELIVERED AT NAIROBI THIS 9TH DAY OF DECEMBER, 2024. VIA EMAIL. A. OMOLLO JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/14080/eng@2024-12-09 11

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