In re Estate of the late M'Mborothi M'Aciuri (Misjoinder of Appellants in Appeal)

M’Aciuri & 2 others v John (Suing as the Administrator of the Estate of M’Amburukua M’Muketha - Deceased) & another (Environment and Land Appeal E025 of 2024) [2025] KEELC 6809 (KLR) (6 October 2025) (Ruling) Neutral citation: [2025] KEELC 6809 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT AND LAND APPEAL E025 OF 2024 BM EBOSO, J OCTOBER 6, 2025 BETWEEN M’MBOROTHI M’ACIURI ............................................................... 1ST APPELLANT TIGANIA EAST & WEST DISTRICT LAND ADJUDICATION AND SETTLEMENT OFFICER ................................................................ 2ND APPELLANT ATTORNEY GENERAL ................................................................... 3RD APPELLANT AND KARITHI JOHN (SUING AS THE ADMINISTRATOR OF THE ESTATE OF M’AMBURUKUA M’MUKETHA - DECEASED) ....................... 1ST RESPONDENT M’ITARU M’NAITULI ................................................................. 2ND RESPONDENT RULING 1. The Land Adjudication Oficer and the Attorney General have been designated as appellants in this appeal. They have disowned the appeal, stating that they were not privy to the memorandum of appeal which initiated the appeal. 2. Joinder of a party as an appellant when that party is not privy to the memorandum of appeal is a serious matter. The two parties have been designated as appellants yet they are not. They are deemed to have dragged the respondents to court through this appeal yet they have not. Clearly, this is not a matter which a court of law would take lightly. 3. Taking into account the gravity of the matter, the party who drew and served the memorandum of appeal is ordered to amend the memorandum of appeal and remove the two appellants within 90 days. The 90 days period takes into account any reasonable period the estate may require to put its house in https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6809/eng@2025-10-06 1

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