Musyoka v National Land Commission & 2 others; Katana (Proposed Interested Party) (Environment and Land Case E014 of 2023) [2026] KEELC 3607 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEELC 3607 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE E014 OF 2023 FM NJOROGE, J JUNE 11, 2026 BETWEEN WILLIAM NYAMBALI MUSYOKA ......................................................... PLAINTIFF AND NATIONAL LAND COMMISSION & 2 OTHERS ............................ DEFENDANT AND SHADRACK KAZUNGU KATANA (AS ADMINISTRATOR OF ESTATE OF FRANCIS KATANA CHARO) ......................... PROPOSED INTERESTED PARTY RULING 1. The Motion dated 23/2/2026 seeks joinder of the applicant in his capacity as administrator of his late father’s estate as an interested party in the present suit. 2. The grounds at the foot of his application and in his supporting afidavit are that his late father was allocated the suit land in 2010; that the letter of ofier got lost; that the applicant did not know of the present suit until recently. 3. The application is opposed by the plaintifi and the 2nd defendant on the cumulative basis that the application has been belatedly brought; that it is intended to delay the fair hearing of the suit; that the deceased appeared before the National Land Commission on 17th July 2027 and his claim was rejected; that the deceased had never been in occupation of the suit land; that there is no evidence to demonstrate that the applicant has any interest in the suit land; that the court has not been furnished with the confirmation of grant to the deceased’s estate; that the title deed was issued in the name of the second defendant; that the NLC made a determination in favour of the 2nd defendant; that the deceased never challenged the decision of the NLC before his demise in 2024; that the applicant lacks a valid title deed; that the Task Force Report the applicant relies on is neither dated nor signed and https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3607/eng@2026-06-11 1
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has some missing information; that the applicant has failed to demonstrate that he has any identifiable stake in the suit land so as to warrant joinder. Analysis and Determination. 4. The present suit had proceeded a great deal by the time the applicant made his application for joinder. The same seeks joinder as an “interested party” and not as a substantive party. On that basis alone the application ought to fail because the present suit is a civil suit commenced by way of plaint where the court can only entertain the pleadings of the substantive parties who are essentially plaintifis or the defendants in the matter. 5. The interested party, perchance he is joined, would still be unable to participate in the suit proceedings, and will remain a mere fiower girl escorting the other parties to the conclusion of the present suit. There would be no need to join a person whose presence would not assist the court in the determination of the matter. 6. Consequently, the application dated 23/2/2026 is hereby dismissed with costs to the rest of the parties. This suit shall be mentioned on 21th October 2026 for further directions as to hearing. DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 11TH DAY OF JUNE 2026. MWANGI NJOROGE JUDGE, ELC, MALINDI. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3607/eng@2026-06-11 2
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