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ELCDismissed· [2026] KEELC 2627 (KLR)

Esikar Gardens and Hotels Limited v Intona Investments Company Limited & 2 others (Environment and Land Case E014 of 2022) [2026] KEELC 2627 (KLR)

Environment and Land Court
4 May 2026
1,957 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 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

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Executive summary

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This ruling of the Environment and Land Court at Kilgoris (M.N. Mwanyale, J) determined a Notice of Motion dated 20th January 2020 in which Moses Saningo Naiguran, legal administrator of the estate of John Lemuta Naiguran, sought joinder as an interested party in a land suit concerning parcel Narok/Transmara/Intona/5, measuring about 400 acres. The applicant relied on a decree in Kilgoris ELC Case No. E007/2022 (formerly Narok ELC Case No. 28 of 2020) awarding the deceased's estate a portion of the suit property, and argued that adverse orders without his participation would prejudice the estate's beneficiaries. The plaintiff and the 1st and 2nd defendants opposed. The plaintiff deponed that its amended plaint sought 100 acres out of the 2nd defendant's entitlement, that it was in occupation of those 100 acres, and that the applicant's interest was remote and speculative. The 2nd defendant argued the suit was a contractual dispute arising from a sale agreement to which the applicant was not a party, that the applicant's 195 acres fell within the 300 acres unaffected by the claim, and that joinder would reopen matters on appeal and cause delay. The court framed three issues: whether the joinder threshold was met, what reliefs should issue, and costs. Applying the Supreme Court's Muruatetu test - an identifiable and proximate stake, demonstrated prejudice on non-joinder, and the case the applicant intends to make - the court held the applicant's interest was remote, not proximate, since the plaintiff's claim was specific to the defendants' portion and no prejudice would be suffered. The application was dismissed with costs to the respondents.

Key legal issues

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01

Whether the intended interested party met the threshold for joinder

Holding

The application was dismissed; the applicant failed to demonstrate a proximate interest and prejudice, having only a remote interest in the suit property.

Reasoning

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.

p. 4
02

What reliefs ought to issue

Holding

No reliefs issued; the application for joinder was dismissed.

Reasoning

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.

p. 5
03

Who bears the costs of the application

Holding

Costs were awarded to the Respondents.

Reasoning

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.

p. 5

Legal principles established

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  • 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

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  1. 1.The Notice of Motion dated 20th January 2020 seeking joinder of Moses Saningo Naiguran as an interested party is dismissed
  2. 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

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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, "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.