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ELCPartially AllowedNotice of motion dated 22nd April, 2024 in HCCC ( plaint dated December 15, 2016)

Salford Investments Limited v Waterfront Outlets Limited & 4 others; Ethics and Anti-Corruption Commission (Intended Defendant) (Environment and Land Case 1569 of 2016) [2025] KEELC 5972 (KLR)

Environment and Land Court
2 September 2025
1,884 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court let a property owner add the anti-corruption watchdog to its land case, but only as an interested party, not as a defendant.

What this practically means

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Executive summary

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The plaintiff, registered owner of LR No. 209/1539 on Ojijo Road, alleges that the defendants fraudulently conspired to alienate the property through subdivision into parcels 209/16716 and 209/16717, and moved the court by notice of motion dated 22nd April 2024 seeking joinder of the Ethics and Anti-Corruption Commission as 6th defendant and leave to amend the plaint dated December 15, 2016. The plaintiff relied on the Commission's forfeiture suit, Milimani ACEC Case No. E024 of 2022, concerning LR No. 209/16717 as an alleged unexplained asset, arguing joinder was necessary to avoid multiplicity of suits and aid just determination. The Commission, through a replying affidavit of Shadrack Mwenda, opposed joinder as a defendant, explaining that its interest is limited to the outcome of the suit in respect of LR No. 209/16717, and that it is amenable to joinder only as an interested party. The court framed the sole issue as whether joinder of the Commission ought to issue. Applying Order 1 Rule 10(2) and the Court of Appeal's decision in Central Kenya Ltd v Trust Bank Ltd, it held joinder is discretionary and the applicant must show it is deserving, but the decision to sue rests with the plaintiff. Finding no direct claim or correlation linking the plaintiff and the Commission, the court agreed with the Commission that its participation would only be meaningful as an interested party. The court accordingly joined the Commission as an interested party, allowed amendment of the plaint limited to that inclusion only, and ordered costs to be in the cause. Judgment delivered virtually on 2nd September 2025 by Hon. Mbogo C. G., Judge.

Questions the Court framed

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

  1. 1.Whether the court should join the Ethics and Anti-Corruption Commission as the 6th defendant
  2. 2.Whether the court should grant leave to amend the plaint dated December 15, 2016

Key legal issues

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01

Whether the Ethics and Anti-Corruption Commission should be joined as a defendant or an interested party

Holding

The Commission is joined as an interested party only, not as the 6th defendant, because the plaintiff has no direct claim against it

Reasoning

The court noted that joinder under Order 1 Rule 10(2) is discretionary and the applicant bears the burden of showing it deserves joinder. The plaintiff's apprehension is that the subdivided portion may be forfeited by the anti-corruption court, but no direct correlation was established linking the plaintiff and the Commission. The Commission itself conceded joinder only as an interested party given its limited stake tied to the outcome of ACEC E024 of 2022.

p. 4
02

Whether leave to amend the plaint should be granted

Holding

Leave to amend is granted but limited to including the Commission as an interested party and nothing else

Reasoning

Since the court declined joinder as a defendant and accepted the Commission as an interested party, the consequential amendment to the plaint was allowed only to reflect that limited capacity. The amendment was said to be in good faith and aimed at a just and effectual determination of the issues, and hearing had not yet taken off.

p. 4

Legal principles established

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  • The decision as to who to sue is essentially that of the plaintiff; the court's duty is to consider allegations against named defendants and give directions under Order 1 rule 10(2) regarding parties improperly or omitted joinder

Court orders

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  1. 1.The Ethics and Anti-Corruption Commission is joined in the proceedings as an interested party
  2. 2.The plaint is to be amended to reflect the Commission's joinder as an interested party only
  3. 3.Costs of the application to be in the cause

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 1 Rule 10(2), Order 8 Rule 2 and Order 51 of the Civil Procedure Rules

Relief refused

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Joinder of the Ethics and Anti-Corruption Commission as the 6th defendant

The applicant has no direct claim against the Commission; its participation would only be meaningful as an interested party

p. 4

Costs

Costs to be in the cause

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 Ethics and Anti- Corruption Commission is hereby joined in these proceedings as an interested party and the amended plaint to refiect only that. Costs to be in the cause.
p. 4Final orders - joinder as interested party and costs
The decision to join a party to any proceeding is discretionary and such discretion ought to be exercised judiciously so as not to defeat justice to a deserving party.
p. 4Discretionary nature of joinder
the plaintifi/applicant has no direct claim against the intended 6th defendant/respondent which it can derive relief from
p. 4Reason for refusing joinder as defendant

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, "Salford Investments Limited v Waterfront Outlets Limited & 4 others; Ethics and Anti-Corruption Commission (Intended Defendant) (Environment and Land Case 1569 of 2016) [2025] KEELC 5972 (KLR)", Case Analysis (2025). Notice of motion dated 22nd April, 2024 in HCCC ( plaint dated December 15, 2016). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5972/eng@2025-09-02

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