Sharia Na Haki Human Rights Institute v Arts 680 Limited & 4 others; Kenya Agricultural and Livestock Research Organization & another (Interested Parties) (Environment and Land Petition E015 of 2024) [2025] KEELC 5497 (KLR)
The bottom line
#Kenya's Environment and Land Court struck a bank out of a land petition because the group suing never claimed anything against it.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the 2nd Respondent was properly joined as a party to the Petition
- 2.Whether the name of the 2nd Respondent ought to be struck out of the Petition
Key legal issues
#Whether the 2nd Respondent was improperly joined in the Petition
The joinder of the 2nd Respondent was speculative and without proper basis since no relief was sought against it
The court applied the two-part test for necessary parties from Werrot & Company Ltd and the Amon test. It noted the Petitioner's prayers sought no relief against the 2nd Respondent. Even if the 1st Respondent had charged the suit property to secure a loan, the property would already have been registered in the 1st Respondent's name, so advancing money could not amount to collusion warranting joinder.
Legal principles established
#- A necessary party is one against whom there is a right to relief and without whom an effective decree cannot be passed
- A person is only a necessary party where the question in the action cannot be effectually and completely settled unless he is a party
Court orders
#- 1.The Chamber Summons dated 19th February, 2025 is allowed in terms of Prayer No. (a) thereof, striking out the 2nd Respondent from the Petition
- 2.Costs of the application assessed at Kshs. 100,000/= to be borne by the Petitioner
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 1 Rule 10(2) and Order 1 Rule 14 of the Civil Procedure Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Accordingly, I do find merit in the Chamber Summons dated 19th February, 2024 and hereby allow the same in terms of Prayer No. (a) thereof with costs which I assess at Kshs. 100,000/= to be borne by the Petitioner.
The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintifi or defendant, be struck out
In the matter before me, it was evident from the Petitioner’s prayers that no relief is sought as against the 2nd Respondent.
Issues in the judgment
#The judgment refers to the Chamber Summons as dated 19th February, 2025 at the outset but as 19th February, 2024 in the final orders
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sharia Na Haki Human Rights Institute v Arts 680 Limited & 4 others; Kenya Agricultural and Livestock Research Organization & another (Interested Parties) (Environment and Land Petition E015 of 2024) [2025] KEELC 5497 (KLR)", Case Analysis (2025). Petition dated 19th June, 2024 (Chamber Summons dated 19th February, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5497/eng@2025-07-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.