Ndung'u v Charagu & another; (Deceased (Interested Party) (Environment and Land Case E332 of 2022) [2026] KEELC 4214 (KLR)
The bottom line
#The court refused to let an estate join a land dispute because the property title was never in the deceased's name.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Intended Interested Party can be joined in these proceedings as an Interested Party
Key legal issues
#Whether the Intended Interested Party should be joined under Order 1 Rule 10(2) of the Civil Procedure Rules
The application for joinder was dismissed as unmerited
The court noted that the suit property was registered in the Plaintiff's name on 9th September 2009, before Charagu Karuga's death on 28th September 2011, so the property could not form part of his estate. The deceased had himself filed ELC 192 of 2011 claiming the property but that suit was withdrawn. The Applicant did not demonstrate residence on the property or that her presence was necessary for the court to effectually and completely adjudicate on all questions, nor any prejudice from non-joinder.
Legal principles established
#- An Interested Party is one who has a stake in the proceedings and will be affected by the decision of the Court either way
- Joinder of a party is permissible where it results in complete settlement of all questions, protects the rights of a party who would otherwise be adversely affected, and prevents proliferated litigation
- A party seeking joinder must demonstrate what prejudice she stands to suffer if not joined
Court orders
#- 1.The Notice of Motion dated 11th March 2026 is dismissed
- 2.Each party to bear their own costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 1 Rule 10(2) of the Civil Procedure Rules (joinder of parties)
Relief refused
#Joinder of Peris Waiyego Mwangi as an Interested Party on behalf of the Estate of Charagu Karuga (deceased)
She failed to demonstrate a legal interest in the suit property or that her presence is necessary for the complete and effectual adjudication of the dispute; title was registered in the Plaintiff's name before the deceased's death and thus could not form part of his estate
Leave to file pleadings on behalf of the Estate
A consequential relief that fell with the dismissal of the joinder application
Costs
Each party to bear their own costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
It is against the foregoing that I find the Notice of Motion application dated the 11th March 2026 unmerited and will dismiss it.
Each party to bear their own costs.
since the title to the suit property was in the name of the Plaintifi prior to the demise of Charagu Karuga, it could not have formed part of his estate.
...one who has a stake in the proceedings, though he or she was not party to the cause ab initio. He or she is one who will be afiected by the decision of the Court when it is made, either way.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndung'u v Charagu & another; (Deceased (Interested Party) (Environment and Land Case E332 of 2022) [2026] KEELC 4214 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4214/eng@2026-07-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.