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ELCDismissedELC Case No. 372 of 2017 (Formerly Nairobi ELC No. 963 of 2006)

Marituai Karingithe & 2 Others v Simon Ndungu Supeyo & Another; Priscilla Pereso Lembaka & 5 Others (Intended Interested Parties/Applicants)

Environment and Land Court
24 September 2026
1,637 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kajiado court ruled you cannot join a land case after judgment is final — once proceedings end, late applicants must find another legal route.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (M.D. Mwangi, J) determined a Notice of Motion dated 19th February 2026 by six intended interested parties seeking joinder as plaintiffs, setting aside of the judgment delivered on 9th December 2019 (with its consequential eviction and costs orders), and a fresh hearing de novo. The applicants claimed to be direct beneficiaries of the estate of Karkise Ole Mosiro and lawful occupiers of LR No. Ngong/Ngong/845, contending they were condemned unheard after learning of the judgment only in December 2025 when persons sent by the defendants demolished their homes. The 2nd Defendant opposed, arguing res judicata, that the applicants' interests were represented by the plaintiffs throughout the primary suit, and that their claimed titles derived from forged mutations. The court framed a sole issue: whether joinder of interested parties is legally maintainable post-judgment after the suit was heard, determined, and the appellate process concluded. Applying Order 1 Rule 10(2) of the Civil Procedure Rules, 2010, and following the Supreme Court's decision in Everton Coal Enterprises Limited v. Rose Wakanyi Karanja, the court held that joinder presupposes pending, live proceedings; once judgment was pronounced and the decree issued, the trial court's proceedings ended and its mandate was exhausted. The application was held bad in law, incompetent and an abuse of process; the dependent setting-aside prayer automatically failed. The motion was dismissed in its entirety with costs to the Respondents.

Questions the Court framed

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

  1. 1.Whether an application for joinder of the Interested Parties is legally maintainable post-judgment, after the suit has been heard, determined, and the appellate process concluded

Key legal issues

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01

Whether joinder of interested parties is maintainable post-judgment

Holding

It is not; joinder under Order 1 Rule 10(2) presupposes live proceedings, and after judgment, decree and conclusion of the appellate process there are no pending proceedings before the trial court

Reasoning

The court construed 'at any stage of the proceedings' in Order 1 Rule 10(2) as presupposing ongoing or live proceedings. Relying on the Supreme Court's decision in Everton Coal Enterprises Limited v. Rose Wakanyi Karanja, it held that joinder is only available in pending proceedings. Since the primary suit was determined in 2019, review declined in 2020, and the appeal concluded in 2024, the court's mandate was exhausted and the proposed parties could not be joined to 'dead' proceedings. The dependent prayers to set aside judgment and rehear the suit automatically failed.

p. 7

Legal principles established

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  • Joinder of a party under Order 1 Rule 10(2) can only occur in pending, live proceedings; once judgment is pronounced and the decree issued, the trial court's proceedings have ended and post-judgment joinder is not maintainable

Court orders

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  1. 1.The Proposed Interested Parties' Notice of Motion application dated 19th February 2026 be and is hereby DISMISSED in its entirety
  2. 2.The costs of the application are awarded to the Respondents

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Articles 19, 20, 22, 24, 25, 27, 28, 40, 47, 48, 50 & 159 of the Constitution of Kenya 2010; Sections 1A, 1B & 3A of the Civil Procedure Act Cap 21; Order 1 Rule 10(2), Order 12 Rule 7, Order 22 Rule 22, Order 51 Rule 1 of the Civil Procedure Rules, 2010

Relief refused

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Setting aside of the judgment delivered on 9th December 2019 together with all consequential orders (including eviction and costs orders) ex debito justitiae

Dependent on joinder, which failed; joinder post-judgment is not maintainable as there are no pending proceedings

p. 9

Joinder of the 1st to 6th Intended Interested Parties as Plaintiffs/Applicants in the suit

Order 1 Rule 10(2) joinder requires pending proceedings; the suit was concluded and the court's mandate exhausted

p. 8

Hearing of the suit de novo and/or reinstatement for a fresh hearing on merit

Follows automatically from dismissal of the joinder and setting-aside prayers

p. 9

Costs

The costs of the application are awarded to the Respondents.

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.

A plain and contextual interpretation of the phrase "at any stage of the proceedings" presupposes that there are ongoing or live proceedings before the court.
p. 7Interpretation of Order 1 Rule 10(2)
Consequently, the proposed Interested Parties cannot be joined to proceedings that are legally ‘dead’ and concluded.
p. 8Post-judgment joinder
In the circumstances, the application to join the suit is bad in law, incompetent, and an abuse of the process of this court.
p. 9Character of the application
a) The Proposed Interested Parties' Notice of Motion application dated 19th February 2026 be and is hereby DISMISSED in its entirety. b) The costs of the application are awarded to the Respondents.
p. 9Final orders

Issues in the judgment

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minor

2nd Defendant's name appears as 'Joseph Crespers Supeyo Tumpes' in the replying affidavit narrative but as 'Joseph Crespers Supeyo' in the cause title

minor

Application dated 19th February 2026 heard in a suit whose judgment was delivered in 2019, with ruling in 2026 - dates appear internally consistent but the delay is notable

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, "Marituai Karingithe & 2 Others v Simon Ndungu Supeyo & Another; Priscilla Pereso Lembaka & 5 Others (Intended Interested Parties/Applicants)", Case Analysis (2026). ELC Case No. 372 of 2017 (Formerly Nairobi ELC No. 963 of 2006). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5869/eng@2026-09-24

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