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ELCDismissedNot stated in judgment (Notice of Motion dated 28th November 2024)

Ololgolimot & another v Njoroge (Environment & Land Case 238 of 2013) [2025] KEELC 612 (KLR)

Environment and Land Court
14 February 2025
1,379 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Nakuru dismissed four people's bid to join a concluded land case because they produced no proof they owned the land.

What this practically means

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Executive summary

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In a concluded Environment and Land Court matter at Nakuru, four applicants moved the court by Notice of Motion dated 28th November 2024 seeking to be enjoined as interested parties, a temporary stay of execution and all consequential orders, setting aside of the judgment entered against the defendant, and a fresh hearing with their full participation. They claimed to be the registered owners of parcels arising from subdivisions of Title No. Mara/Enabelbel/Enengetia/970, asserting that execution of the decree in favour of the plaintiff would strip them of their land without a hearing, contrary to natural justice. The plaintiff opposed, pointing out that the applicants exhibited no title deeds, official searches or green cards evidencing ownership; that the decree concerned the excision of thirty acres from the defendant's parcel CIS-Mara/Enabelbel/Enengetia/279 rather than parcel 970; that judgment had been entered by consent long ago and upheld through review attempts and the Court of Appeal; and that the application was a ploy by the defendant's protégés to stall execution. Justice Antony O. Ombwayo applied the Supreme Court's elements in Francis Karioki Muruatetu & Another v Republic & 5 others for joining interested parties. He found the applicants had not annexed a scintilla of evidence of any right in the suit property, the supporting affidavit was shallow and did not even explain the relationship between the two parcels cited, and no prejudice to the applicants was demonstrated whereas over ten years of litigation meant the plaintiff would suffer prejudice if the orders were granted. The application was dismissed with costs.

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 demonstrated a personal interest or stake in the suit property sufficient to warrant their enjoining as interested parties
  2. 2.Whether the applicants have demonstrated prejudice to be suffered in case of non-joinder
  3. 3.Whether the temporary stay of execution and setting aside of the judgment and decree should issue

Key legal issues

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01

Joinder of interested parties in a concluded suit

Holding

The application fails because the applicants produced no evidence of any right or interest in the suit property

Reasoning

Applying the Muruatetu elements, the court held that a party seeking joinder must show a proximate personal stake, demonstrated prejudice from non-joinder, and the relevance of its intended submissions. The supporting affidavit was shallow, gave no relationship between the parcels cited, and annexed no title documents, official searches, green cards or sale agreements. The decree concerned the Defendant's parcel 279, and judgment had been entered by consent years earlier, so granting the orders would prejudice the plaintiff.

p. 3

Legal principles established

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  • Enjoinment as an interested party is not as of right but at the discretion of the court, requiring a formal application and sufficient grounds
  • An intended interested party must set out a clearly identifiable and proximate personal interest, demonstrate prejudice from non-joinder, and show the relevance and non-duplicative nature of its intended submissions

Court orders

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  1. 1.The application dated 28th November 2024 is dismissed with costs

The bench

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

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court over a concluded suit, on a Notice of Motion seeking joinder of interested parties and stay of execution

Relief refused

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Enjoining the applicants as interested parties

No evidence of any proprietary interest in the suit property was produced

p. 3

Temporary stay of execution and all consequential orders

The application was found to lack merit

p. 3

Setting aside the judgment and rehearing of the matter with the applicants' participation

Applicants failed to demonstrate interest or prejudice; the decree concerns the Defendant's parcel, and the judgment was entered by consent long ago

p. 2

Costs

The application is dismissed with costs (to the respondents/plaintiff)

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.

I have considered the application and do find that the applicants have not annexed in the application a scintilla of evidence that they have any right in the suit property.
p. 3burden of demonstrating proprietary interest for joinder
The supporting afidavit is very shallow and does not even give the relationship between the parcel no CIS-Mara/Enabelbel/Enengetia 970 And Cismara/Enabelbel/Enengetia 279.
p. 3inadequacy of the supporting affidavit
The upshot of the above is that the application lacks merit and is dismissed with costs.
p. 3disposition

Issues in the judgment

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minor

The names of the plaintiff and defendant in the underlying suit are not stated in the judgment, and the suit title/number is not given; the judgment also contains multiple typographical errors (e.g. 'Plaintifi', 'sufier', 'oficial') and inconsistent parcel numbering (Mara/Enabelbel/Enengetia/970 vs CIS-Mara/... vs Cismara/...)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ololgolimot & another v Njoroge (Environment & Land Case 238 of 2013) [2025] KEELC 612 (KLR)", Case Analysis (2025). Not stated in judgment (Notice of Motion dated 28th November 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/612/eng@2025-02-14

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