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ELCPartially AllowedNotice of Motion dated 28th October 2025 in a suit by plaint dated 16th April 2025 (Eldama Ravine Township Block L/233-237 and un-surveyed plots B and C)· [2026] KEELC 3092 (KLR)

Kibet & 4 others v Cheboi & 9 others (Environment and Land Case E006 of 2025) [2026] KEELC 3092 (KLR)

Environment and Land Court
22 May 2026
4,089 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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Kenya's Environment and Land Court confirmed that registered societies can join lawsuits as interested parties, even without filed returns.

What this practically means

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Executive summary

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This is a ruling by Boaz N. Olao J in an interlocutory Notice of Motion dated 28th October 2025 by the Lembus Council of Elders, seeking joinder as an Interested Party in a suit by five plaintiffs against nine defendants concerning parcels Eldama Ravine Township Block L/233 to 237 and un-surveyed plots B and C. The plaintiffs allege that a 20-metre-wide public road reserve along the Shimoni-Mercy-Moringwo road, reserved in the 1960s, was fraudulently sub-divided, allocated and transferred to the 1st to 5th Defendants, and they seek declarations of nullity, cancellation of titles, reinstatement of the road reserve, and damages for violation of access to information and fair administrative action rights. The Applicants, a society registered under the Societies Act, sought to join the suit, relying on Order 1 Rule 10(2) of the Civil Procedure Rules and the Muruatetu interested-party elements. The 1st to 4th Defendants opposed, arguing the society is unincorporated and lacks capacity, and sought striking out of parts of the supporting affidavit and punitive costs. The court rejected the capacity objection, holding that registration under the Societies Act suffices and non-filing of returns is immaterial, and found the Applicants' interest clearly demonstrated and in good faith, not that of busy bodies. The court allowed the motion, enjoined the Applicant as an Interested Party with 21 days to file pleadings, allowed 14 days for responses, fixed mention for 28th July 2026, and ordered costs in the cause.

Key legal issues

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01

Capacity of an unincorporated registered society to be joined as an Interested Party

Holding

The Applicant, registered under the Societies Act with certificate No. 25243, has capacity to be enjoined; failure to file returns or tender its constitution has no bearing on that capacity.

Reasoning

The court held that the certificate of registration and a letter of authorisation by the Chairman were sufficient. The authority of Forthall Bakery Supply Company cited by the 1st to 4th Defendants did not persuade the court that the society lacked capacity. Non-filing of returns was immaterial to capacity to sue, be sued or be enjoined.

p. 7
02

Whether the Applicants demonstrated a sufficient stake and interest to be joined

Holding

The Applicants are long-standing residents, former civil servants and a former Councillor with knowledge of the road reserve; their interest was demonstrated with supporting documents and is not that of a busy body.

Reasoning

Applying the Muruatetu elements, the court found the Applicants' interest clearly identifiable and proximate: they are residents of Eldama Ravine Township, some worked in relevant government departments, and one sat in meetings approving the 20-metre road. Their good-faith involvement assists complete adjudication under Order 1 Rule 10(2).

p. 8
03

Whether paragraphs 21 to 29 of the supporting affidavit should be struck out

Holding

No case was made for striking out; the Memorandum of Understanding is a public document reflecting support for protecting public property.

Reasoning

The court found no wild allegations in the impugned paragraphs. If the 1st Defendant had no relationship with the Governor, he could have sworn an affidavit to that effect. The MoU signed by the Governor demonstrates support for protecting the environment and public property, which is the thrust of the suit.

p. 7

Legal principles established

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  • Courts have a wide discretion, even on their own motion, to enjoin an Interested Party where participation will assist determination of the dispute
  • An unincorporated society registered under the Societies Act has capacity to be enjoined as an Interested Party, and non-filing of returns does not affect that capacity

Court orders

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  1. 1.The Applicant be enjoined in these proceedings as Interested Party
  2. 2.The Applicant shall have 21 days from the date of the ruling to file and serve their pleadings on all the other parties
  3. 3.The other parties, if need be, will have 14 days from service of the Interested Party's pleadings and documents to file and serve their responses
  4. 4.The suit shall be mentioned on 28th July 2026 for further directions
  5. 5.Costs shall be in the cause
Jurisdiction invoked
Order 1 Rule 10(2) and Order 51 Rule 7(1) of the Civil Procedure Rules; Sections 1A and 3A of the Civil Procedure Act

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, "Kibet & 4 others v Cheboi & 9 others (Environment and Land Case E006 of 2025) [2026] KEELC 3092 (KLR)", Case Analysis (2026). Notice of Motion dated 28th October 2025 in a suit by plaint dated 16th April 2025 (Eldama Ravine Township Block L/233-237 and un-surveyed plots B and C). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3092/eng@2026-05-22

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