https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8399
The court held that Ol Kalou Arboretum is not a national park, national reserve, or sanctuary under the Wildlife Conservation and Management Act, and there is no statutory definition bringing an arboretum within the 2nd defendant’s management or control. The 2nd defendant was therefore wrongly enjoined and the suit...
Source-derived case information.
- Citation
- [2026] KEHC 8399 (KLR)
- Parties
- Plaintiff: Denis Koinange Onkeo (Suing As The Legal Representative Of The Estate Of Josephat Ombai Koinange - Deceased); 1st Defendant: David Mukui Muthoni; 2nd Defendant: Kenya Wildlife Services; 3rd Defendant: County Government Of Nyandarua; 4th Defendant: Attorney General
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E006 of 2025
- Procedural Posture
- Civil Case / Ruling on a Notice of Motion Seeking Striking Out of the Suit as Against the 2nd Defendant
- Outcome
- Application allowed
- Judges
- ["KW Kiarie"]
- Legal Topics
- Joinder and Misjoinder, Striking Out Pleadings, Reasonable Cause of Action, Statutory Mandate of Kenya Wildlife Service, Abuse of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Denis Koinange Onkeo (Suing As The Legal Representative Of The Estate Of Josephat Ombai Koinange - Deceased)
Plaintiff
David Mukui Muthoni
1st Defendant
Kenya Wildlife Services
2nd Defendant
County Government Of Nyandarua
3rd Defendant
Attorney General
4th Defendant
Procedural Posture
Civil Case / Ruling on a Notice of Motion Seeking Striking Out of the Suit as Against the 2nd Defendant
Legal Issues
- 1 Whether the suit disclosed a reasonable cause of action against the 2nd defendant
- 2 Whether the 2nd defendant was properly joined to the proceedings
- 3 Whether Ol Kalou Arboretum fell within the statutory mandate of the 2nd defendant under the Wildlife Conservation and Management Act
Ratio Decidendi
The court held that Ol Kalou Arboretum is not a national park, national reserve, or sanctuary under the Wildlife Conservation and Management Act, and there is no statutory definition bringing an arboretum within the 2nd defendant’s management or control. The 2nd defendant was therefore wrongly enjoined and the suit against it lacked a proper basis.
Court Disposition
Application allowed
Orders
- The suit as against the 2nd defendant was struck out for want of a reasonable cause of action and misjoinder.
- Costs of the application were to be in the cause.
Full Case Text
Judgment text and source record
1 paragraphs
Onkeo (Suing as the legal representative of the Estate of Josephat Ombai Koinange - Deceased) v Muthoni & 3 others (Civil Case E006 of 2025) [2026] KEHC 8399 (KLR) (Civ) (16 June 2026) (Ruling) Neutral citation: [2026] KEHC 8399 (KLR) Republic of Kenya In the High Court at Nyandarua Civil Civil Case E006 of 2025 KW Kiarie, J June 16, 2026 Between Denis Koinange Onkeo (Suing As The Legal Representative Of The Estate Of Josephat Ombai Koinange - Deceased) Plaintiff and David Mukui Muthoni 1st Defendant Kenya Wildlife Services 2nd Defendant County Government Of Nyandarua 3rd Defendant Attorney General 4th Defendant Ruling 1.The defendant/applicant moved the court through a Notice of Motion dated the 8th day of April 2026, which was brought under section 3A of the Civil Procedure Act, Order 1 Rule 10(2) of the Civil Procedure Rules, sections 3,6, 7 & the eleventh schedule of the Wildlife Conservation and Management Act. They are seeking the following orders:a.That this suit, as against the 2nd defendant, be struck out for want of a reasonable cause of action and misjoinder.b.That the costs of the application be in the cause. 2.The application was based on the following grounds:a.The 2nd defendant is a statutory body established under section 6 of the Wildlife Conservation and Management Act, 2013, with a mandate limited to the conservation and management of National Parks, Reserves and Sanctuaries duly designated under the Act.b.Olkalou Arboretum is neither a National Park, National Reserve nor a Sanctuary within the meaning of Section 3 as read together with the Eleventh Schedule of the Wildlife Conservation and Management Act, Cap 376 and therefore does not fall within the purview of the Act.c.The joinder of the 2nd defendant to these proceedings is improper, irregular and amounts to a misjoinder as the said Arboretum does not fall within its statutory mandate, control, and management of operational jurisdiction.d.The suit is vexatious and an abuse of court process.e.It is in the interest of justice that the suit be struck out as against the 2nd defendant for want of a reasonable cause of action and misjoinder. 3.The plaintiff/respondent opposed the application and advanced the following arguments:a.The 2nd defendant has been properly enjoined in the suit.b.The suit discloses a reasonable cause of action against the 2nd defendant.c.The application lacks merit. 4.Ol Kalou Arboretum was where the deceased died. He drowned in a swimming pool, which the plaintiff alleges was under the control and management of the 2nd defendant. This claim was denied. 5.Arboretum is defined by the Oxford Learner's Dictionary as:a garden where many different types of trees are grown, for people to look at or for scientific study 6.None of the definitions in section 3 of the Wildlife Conservation and Management Act, 2013, includes an arboretum as part of the 2nd defendant's management. This, therefore, means that they were wrongly enjoined. Their application is allowed. DELIVERED AND SIGNED AT NYANDARUA, THIS 16TH DAY OF JUNE 2026.KIARIE WAWERU KIARIEJUDGE