Osinde v Bosire & 5 others (Environment and Land Case E001 of 2025) [2025] KEELC 7845 (KLR) (11 November 2025) (Ruling) Neutral citation: [2025] KEELC 7845 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KISII ENVIRONMENT AND LAND CASE E001 OF 2025 M SILA, J NOVEMBER 11, 2025 BETWEEN ONGIRI HARUN OSINDE ....................................................................... PLAINTIFF AND JOB BOSIRE ...................................................................................... 1ST DEFENDANT NATIONAL LAND COMMISSION .............................................. 2ND DEFENDANT CHIEF LAND REGISTRAR ........................................................... 3RD DEFENDANT KISII COUNTY GOVERNMENT .................................................. 4TH DEFENDANT KISII LAND REGISTRAR ............................................................. 5TH DEFENDANT THE ATTORNEY GENERAL ........................................................ 6TH DEFENDANT RULING 1. The application before me is that dated 11 September 2025 filed by Co-operative Bank Limited. The bank seeks to be joined to this suit as interested party. 2. The background is that vide a plaint dated 2 January 2025, the plaintifi commenced this suit against Job Bosire, The National Land Commission, the Chief Land Registrar, the Kisii County Government, the Kisii County Land Registrar, and the Honourable Attorney General, as 1st to 6th defendants respectively. He claimed to own the land parcel Kisii Municipality/Block I/590 under a leasehold title. He sued because he discovered that there was a parallel title issued to the 1st defendant which he seeks nullification of. 3. In this application, the applicant has averred that she advanced various financial facilities to the 1st defendant secured by charges against the title of the 1st defendant and is still owed about Kshs. 26 https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7845/eng@2025-11-11 1
page 1 of 2
million. She avers that she is thus interested in the subject matter of the suit and ought to be joined as interested party. 4. When the application came up for hearing on 13 October 2025, none of the parties raised opposition to the application. 5. I have considered the application. The applicant has provided material demonstrating that she holds an interest in the suit property by virtue of the charge registered against the title of the 1st defendant. At the end of the day, what this court will need to determine is whether it is the title of the plaintifi or that of the 1st defendant which should be upheld. If the court upholds the title of the plaintifi, then clearly, the interested party’s charge will need to be nullified. I am thus satisfied that the applicant has demonstrated suficient reason to warrant her joinder as interested party. 6. I thus allow the application. The applicant is hereby joined as interested party. She is at liberty to file pleadings and call witnesses if she deems it fit. 7. There will be no orders as to costs. 8. Orders accordingly. DATED AND DELIVERED THIS 11 DAY OF NOVEMBER 2025 JUSTICE MUNYAO SILA JUDGE, ENVIRONMENT AND LAND COURT AT KISII Delivered in the presence of : Mr. Mulisa h/b for Mr. Nyamurongi for the plaintifi Mr. Machoka for the 1st defendant Mr. Wabwire for the 3rd, 5th & 6th defendants Mrs. Ochieng h/b for Mr. Makori for the applicant N/A for the 2nd defendant N/A for the 4th defendant Court Assistant – Michael Oyuko https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7845/eng@2025-11-11 2
page 2 of 2