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Supreme CourtDismissedPetition (Application) E015 of 2025

Attorney General on Behalf of the Cabinet Secretary, Ministry of Interior and Coordination of National Government v Nguruman Limited & 2 others

Supreme Court of Kenya
15 May 2026
3,085 words in judgment
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AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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Supreme Court rejects joinder bid because the applicant's ownership claim was based on a struck-out suit.

What this practically means

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The Supreme Court dismissed an application by Ol Kiramatian Group Ranch and Kajiado County to join an appeal about land compensation. The court found the Group Ranch's ownership claim relied on a lawsuit that had already been thrown out. The County Government had no proper basis to join. The individuals who filed the motion had the right to act for the ranch, but their request still failed.

Executive summary

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This ruling by the Supreme Court of Kenya (Koome, CJ; Mwilu, DCJ; Wanjala, Njoki Ndungu, Lenaola, and Ouko, SCJJ) dismissed an application by Ol Kiramatian Group Ranch and Shompole Group Ranch (the 1st applicant) and Kajiado County Government (the 2nd applicant) to be joined as interested parties in the main appeal (SC Petition No. E015 of 2025). The appeal arises from a Court of Appeal judgment dated 28th February 2025, which partially upheld compensation awarded to Nguruman Limited (the 2nd respondent) for trespass on a suit property. The applicants sought joinder, claiming ownership of a portion of the suit property and arguing that the lower courts' decisions violated their right to fair hearing and property. The court first addressed locus standi, finding that John Kamanga and Isaac Kiresian, as members and group representatives of the Group Ranches, had the requisite locus to file the Motion on behalf of the ranches, having annexed a duly signed Authority to Act. However, the court declined to join the 2nd applicant as the Motion was filed by the 1st applicant's advocates without any basis for acting on its behalf. Applying the principles from Muruatetu, the court held that the 1st applicant failed to demonstrate a sufficient interest in the appeal because its claim of ownership was anchored on Narok ELC No. 31 of 2018, which had been struck out on 18th September 2025. With that suit struck out, there was nothing to substantiate the stake the 1st applicant claimed. The court dismissed the Motion in its entirety and ordered each party to bear their own costs, citing the principles in Rai & 3 Others Vs Rai & Others to avoid perpetuating conflict between the parties.

Questions the Court framed

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

  1. 1.Whether the applicants have locus standi to institute the Motion for joinder as interested parties.
  2. 2.Whether the 1st applicant has demonstrated a personal interest or stake in the appeal to warrant joinder as an interested party.
  3. 3.Whether the 2nd applicant, Kajiado County Government, should be joined as an interested party.

Key legal issues

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01

Whether John Kamanga and Isaac Kiresian had locus standi to file the Motion on behalf of the Group Ranches.

Holding

Yes, they had locus standi because they were members and group representatives, and they annexed an Authority to Act signed by the membership, distinguishing this case from Getao.

Reasoning

The court noted that John Kamanga and Isaac Kiresian were not only members but also listed as group representatives in the certificate of incorporation. Unlike the earlier ELC case where no authority was shown, here they annexed a duly signed Authority to Act from the membership. The court distinguished the Getao case, which dealt with a claim to a portion of land before subdivision, not the capacity to sue. Therefore, they were clothed with the requisite locus standi to file the Motion on their own behalf and on behalf of the Group Ranches.

02

Whether the 1st applicant had demonstrated a sufficient interest in the appeal to be joined as an interested party.

Holding

No, the 1st applicant failed to demonstrate a sufficient interest because the suit (Narok ELC No. 31 of 2018) on which its claim of ownership was based had been struck out.

Reasoning

The 1st applicant's interest in the appeal was anchored on its claim of ownership to a portion of the suit property, which was the subject of Narok ELC No. 31 of 2018. However, that suit was struck out by the ELC on 18th September 2025 on grounds including res judicata. With that suit struck out, there was nothing to substantiate the stake the 1st applicant claimed in the appeal. The court found the Motion lacking in merit as the applicant could not demonstrate a personal and proximate interest.

03

Whether the 2nd applicant, Kajiado County Government, should be joined as an interested party.

Holding

No, the 2nd applicant should not be joined because the Motion was filed by the 1st applicant's advocates without any basis for acting on behalf of the 2nd applicant.

Reasoning

The court noted that the 2nd applicant is a distinct body corporate under the County Governments Act. The 1st applicant, through its further affidavit, stated it never claimed to be acting on behalf of the 2nd applicant. However, the Motion was filed by the 1st applicant's advocates. The court found no basis for the 2nd applicant's joinder and declined to join it.

Legal principles established

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  • To join a Supreme Court case, you must show a personal and direct interest, not just a peripheral one.
  • A group ranch must sue through its corporate name with proper authority from its representatives.
  • Locus standi exists if you are a member and group representative with a signed authority from members.
  • A claim based on a lawsuit that has been struck out cannot support a request to join an appeal.
  • A county government cannot be joined in a case by another party's lawyers without its own legal basis.
  • Courts may order each side to pay its own costs to avoid deepening conflict between parties.

Court orders

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  1. 1.The Motion dated 16th April 2025 and filed on 29th April 2025 is hereby dismissed.
  2. 2.Each party shall bear their own costs of this Motion.

The bench

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

Martha Karambu Koome
M. K. KoomeCJ
Currently serving
majority

Wrote the judgment

Philomena Mbete Mwilu
P. M. MwiluDCJ
Currently serving
majority
Smokin Charles Wanjala
S. C. WanjalaSCJ
Currently serving
majority
Njoki Susanna Ndungu
Njoki NdunguSCJ
Currently serving
majority
Isaac Lenaola
I. LenaolaSCJ
Currently serving
majority
William Ouko
W. OukoSCJ
Currently serving
majority
On appeal from
Court of Appeal
Jurisdiction invoked
Articles 50, 159(2) and 163(4)(a) of the Constitution

Relief refused

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Leave to be joined as interested parties in the present appeal.

The 1st applicant's claim of ownership was anchored on a suit (Narok ELC No. 31 of 2018) that had been struck out, leaving no substantiated stake in the appeal. The 2nd applicant's joinder was not properly grounded as the applicants did not claim to act on its behalf.

An opportunity to file a response and submissions to the appeal.

This relief was contingent on the joinder being granted, which was refused.

Costs

Each party shall bear their own costs of this Motion

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.

The Motion dated 16th April 2025 and filed on 29th April 2025 is hereby dismissed.
p. 6 Final orders on the application for joinder
Each party shall bear their own costs of this Motion
p. 6 Costs order
To that extent, we find that John and Isaac are clothed with the requisite locus standi to file the Motion on their own behalf as well as the Group Ranches.
p. 4 Locus standi of group representatives
with Narok ELC No. 31 of 2018 having been struck out, we concur with the 2nd respondent that there is nothing to substantiate the stake the 1st applicant has in the appeal before us.
p. 6 Failure to demonstrate interest for joinder
The personal interest or stake that the party has in the matter must be set out in the application. The interest must be clearly identifiable and must be proximate enough, to stand apart from anything that is merely peripheral.
p. 5 Principles for joinder of an interested party

Key timeline

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2025-02-28
Court of Appeal partially upholds compensation award to Nguruman Limited for trespass.
2025-04-16
Ol Kiramatian Group Ranch and Kajiado County file motion to join Supreme Court appeal.
2025-04-29
Motion formally filed in the Supreme Court.
2025-09-18
Environment and Land Court strikes out Narok ELC No. 31 of 2018 on grounds including res judicata.
2025
Supreme Court dismisses the joinder motion, finding no sufficient interest.

Practical implications

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For lawyers

Joinder requires live legal interest

When seeking to join a Supreme Court appeal, ensure your client's claimed interest is based on an active, valid lawsuit. If the underlying case has been struck out, the court will find no proximate stake. Also, verify that the party filing has proper authority—individuals must show they represent the entity, not just themselves.

For businesses

Group ranches must follow corporate rules

If your business is a group ranch, any legal action must be brought in the ranch's corporate name by its authorized representatives. A single member cannot sue alone. Always obtain and file a signed authority from the membership before filing court documents. Otherwise, your case may be dismissed for lack of capacity.

For individuals

Struck-out suit kills ownership claim

If you claim ownership of land but your lawsuit over that land has been struck out (e.g., for res judicata), you cannot use that claim to join a higher court case. The court will see no real interest. You must first revive or properly file your ownership case before seeking to intervene in someone else's appeal.

Frequently asked questions

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What is an interested party in a Kenya Supreme Court case?+

An interested party is someone who is not the main appellant or respondent but has a personal and direct stake in the outcome. To join, you must show your interest is not peripheral and that you will suffer prejudice if not heard. The Supreme Court applies strict rules from the Muruatetu case.

Can a group ranch member sue alone in Kenya?+

No. A group ranch is a corporate body. Only the ranch through its authorized representatives can sue or be sued. A single member cannot act alone unless they have a signed authority from the membership. The court in this case allowed two members to proceed because they had such authority.

What happens if my land claim case is struck out in Kenya?+

If your land case is struck out (e.g., for res judicata or lack of jurisdiction), you lose the legal basis to claim ownership in related proceedings. You cannot use that struck-out case to support a request to join another party's appeal. You may need to appeal the striking out or file a fresh case if allowed.

How do I join a Supreme Court case in Kenya?+

You must file a formal motion explaining your personal interest, the prejudice you will suffer if not joined, and how your submissions will add value without repeating others. Attach evidence of your stake, such as a valid court case or title. The court will assess if your interest is proximate and not based on a dead lawsuit.

Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Attorney General on Behalf of the Cabinet Secretary, Ministry of Interior and Coordination of National Government v Nguruman Limited & 2 others", Case Analysis (2026). Petition (Application) E015 of 2025. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/38/eng@2026-05-15

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