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Original judgment

Raphael Ole Sankale v Pariken Ole Ngiroo

REPUBLIC OF KENYA ENVIRONMENT AND LAND COURT AT KILGORIS ELCC (OS) E021 OF 2025 RAPHAEL OLE SANKALE…………………………………….……..…PLAINTIFF/APPLICANT VERSUS PARIKEN OLE NGIROO……………………………………….…DEFENDANT/RESPONDENT RULING 1. The Application dated 04.06.2026 coming up for determination seeks joinder of interested parties to the suit, was basically unopposed but the court heard it on its merits. 2. Upon hearing Ms. Wanjira Learned Counsel for the Applicant who submitted that the interested party had a direct and legal interest in the matter, which interest is identifiable and is separate as the interested parties and are in actual occupation of the suit for having occupied it for more than 12 years having purchased the suit parcel from the defendants which fact is acknowledged in the pleadings and are now the registered owner of the suit parcel, hence they stand to suffer directly as they might be disposed off their land without their participation, hence the joinder is meant to assist the court consider all issues in controversy and avoid multiplicity of suits, and no prejudice would be occasioned to the Respondents who are not opposed to the application in any event. 3. Upon consideration of the application the affidavits and submissions the court finds merit in the application, as the Applicant has demonstrated proximate cause being the registered owner of the suit parcels, and that the Application meets the criteria for joinder of an interested party as stated in the decision in the case of Muruatetu and Page 1|2

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Another Vs. Republic; Kenya National Commission on Human Rights and 2 Others, interested parties. Death penalty (intended Amicus curial petition 15 and 19 of 2015 (consolidated 2016 KEEC 12 KLR) 4. The court thus allows the application for joinder of the interested parties. Dated at Kilgoris this 1st day of October, 2026 Hon. M.N. Mwanyale Judge In the presence of CA – Sylvia/Clara Mr. Miruka for the Defendant/Respondent N/A for Mr. Bosire for Plaintiff/Applicant N/A for Mr. Ngware for Interested parties. Page 2|2

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