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ELCPartially AllowedNot stated in the judgment

Mengich & 6 others v Mangich; Mengich & 11 others (Intended Interested Party) (Land Case E023 of 2025) [2025] KEELC 8380 (KLR)

Environment and Land Court
1 December 2025
GOG M A Ongondo
544 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed twelve family members to join a land case and sent the family dispute to mediation instead of a contested trial.

What this practically means

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Executive summary

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This was a ruling of the Environment and Land Court at Kapsabet on an amended notice of motion dated 21st November 2025 by twelve intended interested parties - the children of the 2nd and 3rd houses of the Defendant in a pending land suit - seeking to be joined to the proceedings. The Applicants, through their counsel, argued that the suit proceeded under concealment of material facts, that they are rightful parties, and that joinder was necessary in the interest of justice to secure full representation of all affected family members, avoid multiplicity of suits and protect their right to be heard on a matter touching their family land. Counsel for the Defendant/Respondent did not oppose the application, submitting that the court could not close its eyes to the Applicants. Counsel for the Plaintiffs/Respondents confirmed the parties are family members and asked that the application be allowed only on the joinder prayer, with the parties attempting Court-Annexed Mediation and interim preservation orders extended. The Applicants' counsel indicated amenability to mediation. The court noted Article 45(1) of the Constitution on the family as the fundamental unit of society and, observing consensus among all parties, partially allowed the application in terms of prayer 2 for joinder, with no order as to costs, extended the interim preservation orders, and referred the matter to Court-Annexed Mediation under Article 159(2)(c) and the Civil Procedure (Court-Annexed Mediation) Rules 2022, with a mention before the Deputy Registrar on 14th January 2026.

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, being children of the 2nd and 3rd houses of the Defendant, should be joined to the suit as interested parties
  2. 2.Whether the matter should be referred to Court-Annexed Mediation
  3. 3.Whether interim preservation orders should be extended

Key legal issues

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Joinder of interested parties in a land dispute involving family members

Holding

The Applicants were joined as interested parties since all parties were family members and there was no opposition to the joinder

Reasoning

All counsel agreed to the joinder. The court noted the parties are family members whose dispute touches family land, invoking Article 45(1) on the family as the fundamental unit of society, and found joinder proper to allow full representation of affected family members and avoid multiplicity of suits.

p. 2
02

Court-Annexed Mediation

Holding

The court referred the family land dispute to Court-Annexed Mediation pursuant to Article 159(2)(c) and the Civil Procedure (Court-Annexed Mediation) Rules 2022

Reasoning

Counsel for all parties indicated amenability to mediation. The court, consonant with the constitutional directive on alternative dispute resolution, referred the matter for a mediation report to be filed and fixed a mention before the Deputy Registrar.

p. 2

Legal principles established

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  • Where parties, including intended interested parties, are family members and agree to joinder and mediation, the court may join them and refer the dispute to Court-Annexed Mediation in consonance with Article 159(2)(c)

Court orders

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  1. 1.The amended application dated 21st November 2025 partially allowed in terms of prayer 2 for joinder of the Applicants
  2. 2.No order as to costs
  3. 3.Interim preservation orders extended
  4. 4.Matter referred to Court-Annexed Mediation for a report to be filed in court
  5. 5.Mention before the Deputy Registrar on 14th January 2026

The bench

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

GO
majority

Wrote the judgment

Jurisdiction invoked
Article 159(2)(c) of the Constitution of Kenya and the Civil Procedure (Court-Annexed Mediation) Rules 2022

Relief refused

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Any prayers in the amended application beyond prayer 2 (joinder)

The court allowed the application only in terms of prayer 2, treating the remaining relief as not established or unnecessary given the parties' consensus on mediation

p. 2

Costs

No order as to costs

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 family is the natural and fundamental unit of society and the necessary basis of social order and shall enjoy the recognition and protection of the State.
p. 2Family as fundamental unit of society - Article 45(1)
Plainly, the parties are in agreement that the Applicants be joined in this suit and the matter be referred to Court-Annexed Mediation in consonant with Article 159 (2) (c) of the Constitution of Kenya and the Civil Procedure (Court-Annexed Mediation) Rules 2022.
p. 2Consensus joinder and referral to mediation
the amended application dated 21st November 2025 is hereby partially allowed in terms of prayer 2 for joinder of the Applicants with no order as to costs and interim preservation orders extended.
p. 2Final orders - partial allowance and extension of preservation orders
this matter is referred to Court-Annexed Mediation for a report to be filed in court for consideration and mention before the Deputy Registrar of this Court on 14th January 2026.
p. 2Final orders - referral to Court-Annexed Mediation

Issues in the judgment

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minor

The case number, plaintiffs' names and defendant's name are not stated anywhere in the judgment, making full case identification impossible

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, "Mengich & 6 others v Mangich; Mengich & 11 others (Intended Interested Party) (Land Case E023 of 2025) [2025] KEELC 8380 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8380/eng@2025-12-01

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