Esikar Gardens and Hotels Limited v Intona Investments Company Limited & 2 others (Environment and Land Case E014 of 2022) [2026] KEELC 2627 (KLR)
The bottom line
#Kenya's Environment and Land Court ruled that only people with a direct, personal stake affected by a land dispute can join a case as interested parties.
What this practically means
#Executive summary
#Key legal issues
#Whether the intended interested party met the threshold for joinder
The application was dismissed; the applicant failed to demonstrate a proximate interest and prejudice, having only a remote interest in the suit property.
The court adopted the Muruatetu test: an identifiable, proximate stake, demonstrated prejudice on non-joinder, and the case the applicant intends to make. The applicant held a decree to a portion of the suit property, but the plaintiff's amended claim was specific to 100 acres out of the defendants' entitlement, leaving about 300 acres unaffected. Because the outcome would not affect the applicant's portion and parties are bound by their pleadings, no prejudice was demonstrated and the interest was remote rather than proximate.
What reliefs ought to issue
No reliefs issued; the application for joinder was dismissed.
Having found the applicant had not met the threshold for joinder, the court determined that no relief was warranted. The dismissal disposed of the only application before the court, which was an interlocutory joinder application and not the main suit itself.
Who bears the costs of the application
Costs were awarded to the Respondents.
The application having been dismissed as lacking merit, the court exercised its discretion on costs in favour of the respondents who had successfully opposed the joinder.
Legal principles established
#- An interested party must demonstrate an identifiable personal interest or stake in the matter that is proximate enough to stand apart from anything merely peripheral, must demonstrate prejudice to be suffered on non-joinder, and must set out the case it intends to make; joinder is discretionary and not a right.
- Where the plaintiff's claim is confined to a specific portion of the suit property owned by the defendants, the interest of a third party in the remainder of the property is remote and will not support joinder.
Court orders
#- 1.The Notice of Motion dated 20th January 2020 seeking joinder of Moses Saningo Naiguran as an interested party is dismissed
- 2.Costs of the application awarded to the Respondents
- Jurisdiction invoked
- Inherent discretion of the Environment and Land Court to enjoin an interested party, applying the Muruatetu principles
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Esikar Gardens and Hotels Limited v Intona Investments Company Limited & 2 others (Environment and Land Case E014 of 2022) [2026] KEELC 2627 (KLR)", Case Analysis (2026). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2627/eng@2026-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.