1. I have considered the application dated 17th March, 2026 which principally seeks rejoinder of Syokimau Residents Association (SRA) to these proceedings as an interested party.
2. The application is opposed by way of a replying affidavit sworn by David Muthama Malonza on 25th March, 2026, which I have also considered together with the written submissions filed by both parties.
3. At the heart of the dispute before the court is the ownership of the plaintiff company and the ownership and control over LR No. 12715 and subdivisions emanating therefrom. In order to make a determination on this issue, the court will have to determine the plaintiff’s corporate status. Any decision that the court makes as well as the status of the Gazette Notice vis-à-vis the company would place the intended interested party as one with a proximate interest. This is because of the potential effect that such decision could have, since both the plaintiff and the intended interested parties have laid claims.
4. The purpose of Order 1 Rule 10 (2) is to avoid instances of piecemeal litigation and to enable the court make a full and informed determination of the matters in question.
5. I am satisfied that the intended interested party meets the threshold for joinder as espoused in Trusted Society Of Human Rights Alliance V Mumo Matemu & 5 Others, [2014] eKLR . Accordingly, the application dated 17th March, 2026 is allowed.
6. Syokimau Residents Association is hereby enjoined in these proceedings as an interested party:
a) The interested party shall be served with all the pleadings in this matter and file its responses and its list and bundle of documents within 21 days.
b) The interested party is at liberty to participate in all subsequent proceedings.
c) Costs shall be in the cause.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 2ND DAY OF JULY 2026.
F. MUGAMBI
JUDGE
2. The application is opposed by way of a replying affidavit sworn by David Muthama Malonza on 25th March, 2026, which I have also considered together with the written submissions filed by both parties.
3. At the heart of the dispute before the court is the ownership of the plaintiff company and the ownership and control over LR No. 12715 and subdivisions emanating therefrom. In order to make a determination on this issue, the court will have to determine the plaintiff’s corporate status. Any decision that the court makes as well as the status of the Gazette Notice vis-à-vis the company would place the intended interested party as one with a proximate interest. This is because of the potential effect that such decision could have, since both the plaintiff and the intended interested parties have laid claims.
4. The purpose of Order 1 Rule 10 (2) is to avoid instances of piecemeal litigation and to enable the court make a full and informed determination of the matters in question.
5. I am satisfied that the intended interested party meets the threshold for joinder as espoused in Trusted Society Of Human Rights Alliance V Mumo Matemu & 5 Others, [2014] eKLR . Accordingly, the application dated 17th March, 2026 is allowed.
6. Syokimau Residents Association is hereby enjoined in these proceedings as an interested party:
a) The interested party shall be served with all the pleadings in this matter and file its responses and its list and bundle of documents within 21 days.
b) The interested party is at liberty to participate in all subsequent proceedings.
c) Costs shall be in the cause.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 2ND DAY OF JULY 2026.
F. MUGAMBI
JUDGE