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ELCDismissedMalindi Petition No 13 of 2023

Beja & another v Cabinet Secretary Ministry of Lands & 9 others (Environment and Land Petition 13 of 2022) [2026] KEELC 1295 (KLR)

Environment and Land Court
5 March 2026
2,305 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Malindi refused to let five people join a finished land petition or reopen its judgment, because they waited too long.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Malindi (Mwangi Njoroge, J) on a Notice of Motion dated 8th May 2025 in a concluded constitutional petition, Malindi Petition No 13 of 2023, concerning land parcels GL15A and the Nyika Reserve. The applicants sought three principal reliefs: joinder of five persons as interested parties; an order compelling the County Surveyor and Land Registrar to conduct boundary demarcation of GL15A and the Nyika Reserve; and review/setting aside of the judgment delivered on 3rd April 2025 with leave to file evidence not previously available. The petitioners opposed, arguing the Mutunga Rules do not contemplate such applications after judgment, that there was no new material, and that the court was functus officio. The Attorney General also filed grounds of opposition. The court framed four issues but determined joinder first, holding the applicants had participated as substantive parties in the sister petition, Malindi Petition No 19 of 2021, heard alongside the present petition, and that seeking joinder after judgment was an abuse of process brought too late in the day. On the remaining issues, the court adopted verbatim the reasoning in its ruling on the near-identical application dated 6/5/2025 in Malindi Petition No 19 of 2021, which had dismissed the review and demarcation prayers. The court dismissed the application with costs to the petitioners.

Questions the Court framed

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

  1. 1.Whether the application is a non-starter for being brought under Order 1 Rule 10, Order 45 Rules 1, 2 and 3 and Order 51 of the Civil Procedure Rules which are not contemplated by the Constitution of Kenya (Protection of Rights and Fundamental Freedoms Practice and Procedure) Rules 2013
  2. 2.Whether the 1st-7th proposed interested parties should be joined in the suit
  3. 3.Whether the judgment of the court should be varied, reviewed or set aside to allow the respondents to file evidence not available at the time of determination
  4. 4.Whether the court should order the County Surveyor and the Land Registrar to conduct a boundary demarcation in respect of GL15A and the Nyika Reserve to show any encroachment

Key legal issues

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01

Whether joinder of interested parties should be granted in a concluded petition

Holding

Joinder refused as an abuse of process; the applicants participated as substantive parties in the sister petition and knew of the present petition throughout

Reasoning

The 3rd-7th proposed interested parties were joined as substantive parties in Malindi Petition No 19 of 2021, heard alongside this petition with judgments delivered the same day. They engaged the same counsel in both petitions. Any joinder application should have been made at the interlocutory stage. Seeking joinder after judgment would backpedal concluded litigation and amounts to an abuse of process.

p. 4
02

Whether the concluded judgment of 3rd April 2025 could be varied, reviewed or set aside

Holding

Refused; the court adopted the reasoning in its ruling on the identical application dated 6/5/2025 in Malindi Petition No 19 of 2021

Reasoning

The present application is on all fours with the earlier application in the sister petition, which the court had already determined by dismissing the review and demarcation prayers. Given the identity of subject matter, the court could not reach different findings and adopted the earlier reasoning to conserve judicial resources.

p. 5
03

Whether an order for boundary demarcation of GL15A and the Nyika Reserve could issue

Holding

Refused, consistent with the earlier ruling in the sister petition

Reasoning

The prayer mirrored the one dismissed in Malindi Petition No 19 of 2021. Because both applications concern the same land, the court held it could not afford to come to different findings and adopted its prior reasoning dismissing the demarcation prayer. The demarcation prayer was also attacked by the Attorney General as unavailable once judgment had been delivered.

p. 4

Legal principles established

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  • Where two petitions concerning the same land raise identical issues in successive applications, the court will adopt the same findings in the interests of consistency and judicial economy
  • Fair hearing and equality before the law under Article 50(1) govern determinations of parties' rights, but joinder must be sought bona fide and timeously

Court orders

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  1. 1.The Notice of Motion dated 8th May 2025 is dismissed
  2. 2.Costs of the application awarded to the petitioners

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Constitution of Kenya (Protection of Rights and Fundamental Freedoms Practice and Procedure) Rules 2013 (Mutunga Rules) - constitutional petition jurisdiction of the ELC
Consolidated with
Malindi Petition No 19 of 2021 (heard alongside, separate judgment)

Relief refused

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Joinder of the five applicants as interested parties

Application brought too late in the day and constitutes an abuse of the court process; the applicants were aware of the related petitions and engaged the same counsel

p. 4

Review/vary/set aside of the judgment delivered 3rd April 2025 and leave to file further evidence

Court adopted its reasoning in the application dated 6/5/2025 in Malindi Petition No 19 of 2021, where the same prayer was dismissed

p. 5

Boundary demarcation by the County Surveyor and Land Registrar of GL15A and Nyika Reserve

Prayer dismissed, mirroring the ruling in Malindi Petition No 19 of 2021

p. 4

Costs

Application dismissed with costs to the petitioners.

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.

To have the applicants seek at this juncture to be joined as interested parties in Malindi Petition No 13 Of 2023 is in this court's view an abuse of the court process.
p. 4Joinder - abuse of process
the application is not justified and it ought to fail for the very reason that the same has been brought too late in the day and the efiect of granting that order would be to backpedal this litigation
p. 4Delay in seeking joinder/review
This court finds that the reasoning in that case on those issues is applicable in the present ruling, and it hereby adopts the said reasoning in the said ruling in respect of issues nos (a), (c) and (d) listed herein above.
p. 5Adoption of prior ruling on identical application
the application dated 8th May 2025 in the present petition lacks merit and the same is dismissed with costs to the petitioners.
p. 5Final orders

Issues in the judgment

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minor

Judgment refers to the judgment of 3rd April 2025 in one passage but as 'judgment of 3/4/24' in the recital of the sister ruling

minor

Recurrent typographical/OCR corruptions in the text (e.g. 'afiord', 'efiect', 'functus oficio', 'overfiowed')

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, "Beja & another v Cabinet Secretary Ministry of Lands & 9 others (Environment and Land Petition 13 of 2022) [2026] KEELC 1295 (KLR)", Case Analysis (2026). Malindi Petition No 13 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1295/eng@2026-03-05

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