https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3139

Makhanu & 3 others v Makhanu & another (Environment and Land Case E023 of 2024) [2026] KEELC 3139 (KLR) (11 May 2026) (Ruling) Neutral citation: [2026] KEELC 3139 (KLR) Republic of Kenya In the Environment and Land Court at Bungoma Environment and Land Case E023 of 2024 AK Bor, J May 11, 2026 Between Mary Nasimiyu Makhanu 1st Plaintiff Mary Makokha Makhanu 2nd Plaintiff Peter Juma Makhanu 3rd Plaintiff Benjamin Makhanu 4th Plaintiff and John Wamalwa Makhanu 1st Respondent Rasto Makhanu Situma 2nd Respondent Ruling 1.Through the application dated 27/3/2026, Emmanuel Aggrey Makhanu seeks to be joined to this suit as a plaintiff based on the ground that he obtained grants of letters of administration ad litem over the estate of his late mother, Sarah Naliaka Makhanu for purposes of representing her in this suit. He argued that the late Sarah Makhanu was the co-wife of the 1st and 2nd plaintiffs and the wife of the 2nd Defendant. Further, Emmanuel urged that he intended to represent the interest of the late Sarah Makhanu in the parcels of land known as E. Bukusu/S. Kanduyi/5822 and E. Bukusu/N. Sangalo/2623 (the suit property), which according to him are family properties registered in the 2nd Defendant’s name but purchased through the efforts of the 1st and 2nd plaintiffs and the 2nd Defendant as well as his late wife Sarah. 2.Emmanuel Makhanu swore the affidavit in support of the application and averred that his late mother was the 2nd Defendant’s wife. He exhibited a copy of the grant of letters of administration issued by the court on 13/2/2026. He averred that he wished to shed light on the issues before court to enable the court reach a determination with clear facts. 3.The Defendants filed grounds of opposition, in which they argued that sufficient cause had not been shown as to why Emmanuel should be joined as a plaintiff in this case yet he is already participating in the matter as the 2nd interested party. The Defendants argued that the grant of the orders sought would prejudice them and that the application was made in bad faith with the aim of delaying the expeditious determination of the suit. 4.The Applicant filed written submissions in which he urged that his personal interest in the matter is that the 2nd Defendant failed to obtain spousal consent before transferring the suit property to the 1st Defendant. He urged that the issue in contention was proving contribution, which makes the suit property matrimonial property. He submitted that it would be prejudicial to the 1st wife Sarah who was married to the 2nd Defendant for the longest period to be left out of these proceedings yet there is a legal representative of her estate, who can adequately represent her interest. Emmanuel argued that if the orders are not granted the estate of Sarah Makhanu will suffer substantial loss in the suit property because she will have been denied an opportunity to represent her case alongside her co-wives with whom they contributed towards the purchase of the suit property. 5.The hearing of this suit commenced on May, 2026 when the 2nd Defendant’s evidence was taken de bene esse owing to the 2nd Defendant’s advanced age and his not very good health. 6.The issue for determination is whether the court should allow the Applicant to join the proceedings as a plaintiff to represent his mother as a plaintiff in the suit. Although Emmanuel was already added as an interested party to the suit, he seeks to be made a plaintiff so that he can pursue his late mother’s interest in the suit property alongside his father’s other two wives. 7.The court allows Emmanuel Aggrey Makhanu to join the suit as a Plaintiff, in his capacity as the legal administrator of the Estate of the late Sarah Naliaka Makhanu. Each party will bear its costs for the application since parties are related. DELIVERED VIRTUALLY AT BUNGOMA THIS 11TH DAY OF MAY 2026.K. BORJUDGEIn the presence of: -Mr. Emmanuel Makhanu- the ApplicantMr. Simiyu Makokha for the DefendantsCourt Assistants- Josephat BettNo appearance for the Plaintiff and the Interested Parties