Before me is the Notice of Motion Application brought by the plaintiffs/Applicants dated 16th July, 2025 seeking the following orders;
a) That Peter Njue Gatumu be joined as the 8th Defendant, Peter Njiru Mugeki as the 9th Defendant, Margaret Muthoni Mutai as the 10th Defendant, Melisa Wambui Ali as the 11th Defendant, Francis Kithaka Mugoh as the 12th Defendant and Mwigeh Jenard Njagi Kanyi as the 13th Defendant in this Case.
b) That the Plaintiffs/Applicants be granted leave to amend the plaint to join the above said intended 8th to 13th Defendants and also in terms of Draft Amended plaint.
c) That Orders of inhibition do issue inhibiting the Registration of any transfers, Charges, alienations, further subdivisions and/or any dealings with Land Parcels Numbers MBEERE/KIRIMA/7684-7763 and 8016 pending the hearing and determination of this case.
d) That costs be provided for.
The application is premised on the following grounds’
i) That Land Parcel Numbers MBEERE/KIRIMA/240 which was the subject of this case was subdivided into Land Parcels Nos MBEERE/KIRIMA/7682, 7683 and 7684 and subsequently into Land Parcels Nos MBEERE/KIRIMA/7756, 7757, 7758, 7759, 7760, 7761, 7762 and 7763
ii) That Land Parcels Numbers MBEERE/KIRIMA/7756 to 7763 were later combined to form Land Parcel NO. MBEERE/KIRIMA/8016.
iii) That the said Parcels of Land were transferred to the 8th to 13th Defendants as stated to the draft Amended Plaint and it is necessary that the intended 8th to 13th Defendants are joined in this case as Defendants for the fair and just determination of the issues in this case.
iv) That to avoid further transfers, subdivisions, alienations or any other dealings with the suit lands, pending the determination of this case, it is necessary that there be orders of inhibitions against such dealings.
v) That no prejudice will be suffered by the said intended Defendants if the orders sought are granted.
The Application is further supported by the Affidavit of Martha Nyambura Kagunyi sworn on on even date in which she deposed as follows;
1. THAT I am the 2nd Plaintiff/Applicant conversant with the matters deponed to herein hence competent to swear this Affidavit.
2. THAT I swear this Affidavit on my own behalf and on behalf of the 1st Plaintiff/Applicant, whose authority I have.
3. THAT the subject matter in this Case is Land Parcel Number MBEERE/KIRIMA/240
4. THAT on 4th December 2024 the 1st Plaintiff and I obtained a certified copy of the Geister for Land Number MBEERE/KIRIMA/240 and found out that it had been subdivided into Land Parcels Numbers MBEERE/KIRIMA/7682, 7683 and 7684. Annexed is a certified copy of the Register marked as MNK-1
5. THAT I further obtained the certified copies of the Registers for Land Parcels Numbers MBEERE/KIRIMA/7682, 7683 and 7684 and as per the certified copy of the Register for Land Parcel Number MBEERE/KIRIMA/7682 the Land was further sub-divided into Land Parcels Numbers MBEERE/KIRIMA/7756, 7757, 7758, 7759, 7760, 7761, 7762 and 7763. Annexed are certified copies of the Registers for MBEERE/KIRIMA/7782, 7783 and 7784 marked as MNK-2.
6. THAT upon obtaining certified copies of the Registers for Land Parcels Numbers MBEERE/KIRIMA/7756, 7757, 7758, 7759, 7760, 7761, 7762, and 7763 I discovered that the said Parcels of Land together with Land Parcel Number MBEERE/KIRIMA/7683 were combined to form Land Parcel Number MBEERE/KIRIMA/8016. Annexed are certified copies of the Registers for Land Parcels Numbers MBEERE/KIRIMA/7756, 7757, 7758, 7759, 7760, 7761, 7762, 7763 and 8016 marked as MNK-3
7. THAT the sub-divisions of Land Parcel Number MBEERE/KIRIMA/240 were transferred and/or registered in the names of the intended Defendants as follows;
I) MBEERE/KIRIMA/7756-Peter Njiru Mugeki and Margaret Muthoni Mutai.
II) MBEERE/KIRIMA/7757-Peter Njiru Mugeki and Muthoni Mutai.
III) MBEERE/KIRIMA/7758-Peter Njiru Mugeki and Margaret Muthoni Mutai.
IV) MBEERE/KIRIMA/7759-Peter Njiru Mugeki and Margaret Muthoni Mutai.
V) MBEERE/KIRIMA/7760-Peter Njiru Mugeki and then transferred to Margaret Muthoni Mutai.
VI) MBEERE/KIRIMA/7761-Peter Njiru Mugeki and then transferred to Margaret Muthoni Mutai.
VII) MBEERE/KIRIMA/7762-Peter Njiru Mugeki and then to Margaret Muthoni Mutai.
VIII) MBEERE/KIRIMA/7763-Peter Njiru Mugeki and then transferred to Melisa Wambui Ali.
IX) MBEERE/KIRIMA/7683-Peter Njue Gatumu and Margaret Muthoni Mutai.
X) MBEERE/KIRIMA/7684-Peter Njue Gatumu and then transferred to Peter Njue Gatumu, Francis Kitheka Mugo, Mwigeh Jenard Njagi Kanyi and Eustace Kariuki Mwathi jointly.
8. THAT it is therefore necessary that the intended 8th to 13th Defendants are joined in this case for the just and fair determination of the issues this case as they are necessary parties against whom the 1st Plaintiff and I have claims in respect of the suit lands as they are currently registered as proprietors. Annexed is a Draft Amended Plaint marked as MNK-4.
9. THAT to avoid further mutations and transfers of the suit Lands it is necessary that Orders of inhibition do issue inhibiting the Registration of any transfers, charges, alienations, sub-divisions and/or any dealings with Land ParcelNumbers MBEERE/KIRIMA/7684, 7763 and 8016 pending the hearing and determination of this Case as such dealings may necessitate the joinder of other Parties to whom the Land may be transferred which, will protract this matter unnecessarily.
10. THAT I therefore pray that this Application be allowed.
The said Application is opposed with a Replying affidavit sworn on 14th October by Peter Njue Gatumu in which He deposed as follows;
1. THAT I am the 8th Respondent herein hence competent to swear this Affidavit.
2. THAT I have authority to plead on behalf of 9th, 10th, and 11th Respondents herein.
3. THAT the Application dated 16th July 2025 has been read to me, contents thereof explained and I wish to respond as hereunder;
4. THAT none of us was part of the proceedings before the Minister and thus our presence in this suit will not serve any useful purpose.
5. THAT we are in no way directly connected to the Plaintiffs in respect to their prayers in the plaint.
6. THAT the 9th to 11th Respondents are mere purchasers for value without notice while my land was transferred to me as a gift through due process.
7. THAT the 9th Respondent does not have any land among the parcels in dispute herein as the land he had was subdivided and transferred to third parties.
8. THAT the decision of the Minister is what was used to facilitate the sub-division and transfers of the suit lands yet the Applicants never did anything for two years.
9. THAT our participation in these proceedings will not serve any useful purpose as we are not in any way part of the impugned proceedings.
10. THAT the green cards annexed to the Application show that most of the titles have been closed on subdivision or for merging yet no evidence of new ownership has been availed.
11. THAT I pray that the Court do decline the invitation to join us to these proceedings where we have no active role to play.
SUBMISSIONS BY THE PLAINTIFFS/APPLICANTS.
The plaintiffs/Applicants through their Advocates on record filed submission dated3rd November 2025 reiterating the facts and issues in the Application and cited the following cases; ABDISHUKRI MAALIM AHMED & ANOTHER-V-THE COMMISSIONER OF CUSTOMS AND EXCISE & ANOTHER (2000) KECA 251 (KLR); WAITHAKA & ANOTHER-V-RONOH; KIPNYOLEI (INTENDED INTERESTED PARTY)(THE LEGAL REPRESENTATIVE OF THE ESTATE OF KIPNYOLLEI ARAP TUM) (Environment & Land Court Case NO. 98 of 2015) KEELC 4461 (KLR); ZEPHIR HOLDINGS LTD-V-MIMOSA PLANTATIONS LTD, JEREMIAH MAZTAGARO AND EZEKIEL MISANGO MUTISYA (2014) eKLR; DORCAS MUTHONI & 20 OTHERS-V-MICHAEL IRERI NGARI(2006) eKLR;Section 68(1) of the Land Registration Act
1ST, 8TH, 9TH AND 10TH DEFENDANTS SUBMISSIONS.
The 1st, 8th, 9th and 10th Defendants through their Advocates on record also filed submissions dated 11th November 2025 in which he argued that the Applicants ought to have availed current search certificates from the land registry as a look on the annexed green cards show that most of them have been closed on subdivision or consolidation. He submitted that the court is being asked to join parties whose titles were closed, subdivided and transferred to third parties. He submitted that section 107 of the Evidence Act applies and that the Applicants have not proved their case to warrant the grant of the orders sought.
LEGAL ANALYSIS AND DECISION
I have carefully considered the Notice of Motion dated 16th July 2025, the supporting affidavit of the 2nd Plaintiff/Applicant (Martha Nyambura Kagunyi), the replying affidavit of Peter Njue Gatumu (the 8th intended Defendant), the written submissions filed by both sides dated 3rd November 2025 and 11th November 2025 respectively, and the authorities cited.
The core issue in this Application is whether Peter Njue Gatumu, Peter Njiru Mugeki, Margaret Muthoni Mutai, Melisa Wambui Ali, Francis Kithaka Mugoh and Mwigeh Jenard Njagi Kanyi are necessary or proper parties to this suit.
Under Order 1 Rule 10(2) of the Civil Procedure Rules, 2010, the court may order that a person be added as a party if their presence is necessary for the effective and complete adjudication of all questions involved in the suit, or if their presence will prevent multiplicity of proceedings. The test is whether the party to be joined has a direct interest in the subject matter and whether the suit can be effectively determined in their absence (see ABDISHUKRI MAALIM AHMED & ANOTHER v THE COMMISSIONER OF CUSTOMS AND EXCISE & ANOTHER (2000) KECA 251 (KLR) and ZEPHIR HOLDINGS LTD v MIMOSA PLANTATIONS LTD & 2 OTHERS (2014) eKLR).
The certified copies of the land registers (MNK-1, MNK-2 and MNK-3) annexed to the supporting affidavit conclusively show that:
• The original suit property MBEERE/KIRIMA/240 was subdivided into 7682, 7683 and 7684.
• Parcel 7682 was further subdivided into 7756–7763.
• Parcels 7756–7763 together with 7683 were consolidated into 8016.
• The resultant parcels are now registered in the names of the intended 8th–13th Defendants exactly as pleaded in the Draft Amended Plaint (MNK-4).
These intended Defendants are therefore the current registered proprietors of the very land that is the subject of this suit. The Plaintiffs’ claim (as discernible from the original plaint and the draft amendment) challenges the legality of the Minister’s decision and the subsequent subdivision and registration processes that led to the creation and transfer of these titles. A decree in favour of the Plaintiffs would directly affect the titles held by these parties. Their joinder is not only proper but necessary for the just determination of the suit (see also DORCAS MUTHONI & 20 OTHERS v MICHAEL IRERI NGARI (2006) eKLR and WAITHAKA & ANOTHER v RONOH; KIPNYOLEI (INTENDED INTERESTED PARTY) (2015) KEELC 4461 (KLR)).
The objections raised in the replying affidavit do not displace this conclusion:
• The claim that the intended Defendants “were not part of the proceedings before the Minister” is irrelevant; they are successors in title.
• The defence of being “purchasers for value without notice” or that one parcel was a “gift” is a substantive defence to be raised at trial, not a bar to joinder.
• The assertion that “the 9th Respondent does not have any land” or that titles have been “closed on subdivision” merely shows further mutations have occurred; it does not remove the necessity of joining the current registered owners. If further third parties have since acquired interest, the inhibition order (below) will prevent additional prejudice.
I am satisfied that no prejudice will be occasioned to the intended Defendants by being joined at this stage. They will have full opportunity to file defences and participate. The Plaintiffs have also complied with the requirement to annex a Draft Amended Plaint.
Accordingly, prayers (a) and (b) are allowed in terms of the Motion. The intended 8th to 13th Defendants are hereby joined. The Amended Plaint shall be filed and served within 14 days from the date of this ruling.
The Plaintiffs seek an order inhibiting any further dealings (transfers, charges, subdivisions, etc.) with MBEERE/KIRIMA/7684–7763 and 8016 pending the hearing and determination of the suit.
Section 71 of the Land Registration Act, 2012 empowers the court to issue an inhibition where it appears that any dealing with land is likely to defeat or prejudice the rights of a party to pending proceedings. The Plaintiffs have established a prima facie case that the suit land was dealt with after the filing of this suit (the certified registers show mutations and transfers post-2022). Without an inhibition, further dealings could render any eventual decree nugatory and necessitate endless joinder applications, as correctly argued by the Plaintiffs.
The replying affidavit and submissions of the opposing Defendants do not demonstrate any overriding prejudice that outweighs the need to preserve the status quo. The argument that “green cards show titles have been closed” actually reinforces the need for an inhibition on the current parcels to prevent yet more mutations.
I therefore issue an order of inhibition in the following terms:
i) The Chief Land Registrar (3rd Defendant) and the Mbeere South Sub-County Director of Land Adjudication and Settlement (4th Defendant) are hereby directed to inhibit the registration of any transfer, charge, lease, subdivision, consolidation, or any other dealing whatsoever in respect of Land Reference Numbers MBEERE/KIRIMA/7684, 7763 and 8016 (and any parcels derived therefrom) until further order of this Court or until the suit is heard and determined.
ii) The inhibition shall be noted in the register forthwith upon service of this ruling.
The application has substantially succeeded. Costs shall be in the cause.
Final Orders
In summary, the Notice of Motion dated 16th July 2025 is allowed in the following terms:
1. Peter Njue Gatumu, Peter Njiru Mugeki, Margaret Muthoni Mutai, Melisa Wambui Ali, Francis Kithaka Mugoh and Mwigeh Jenard Njagi Kanyi are joined as the 8th to 13th Defendants respectively.
2. The Plaintiffs are granted leave to amend the Plaint in terms of the Draft Amended Plaint annexed as MNK-4. The Amended Plaint shall be filed and served within 14 days.
3. An order of inhibition is issued inhibiting any dealings with MBEERE/KIRIMA/7684, 7763 and 8016 (and derivatives) pending the hearing and determination of this suit.
4. Costs of the application shall be in the cause.
It is so ordered.
DATED, SIGNED AND DELIVERED at Embu this 12th day of March, 2026.
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HON. E.C CHERONO
ELC JUDGE, EMBU
In the presence of:
1. Mr. Andande for the 1st, 8th, 9th 10th & 11th Defendants.
2. M/S Kimathi H/B Okwaro for the Plaintiff/Applicant
3 Mr. Kiongo for 2nd, 3rd, 4th, 5th, 6th & 7th Defendants.
5. Diana C/A.
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