https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12968
The court found that, in the interests of justice and under Order 1 Rule 10, Order 8 Rule 2 of the Civil Procedure Rules and section 100 of the Civil Procedure Act, the plaintiffs should be allowed to amend the plaint solely to introduce claims against the interested parties and join them as defendants.
Source-derived case information.
- Citation
- [2026] KEHC 12968 (KLR)
- Parties
- 1st Plaintiff: TOM MOI NYANGESO; 2nd Plaintiff: DAVID OTUNDO NYANGESO; 3rd Plaintiff: AGNES NYABOKE OBONYO; Defendant: ABSOLOMON M. NYANGOKA; Interested Party: JONATHAN OMBATI; Interested Party: PETER NYANGOKO; Interested Party: EZEKIEL MOKORO; Interested Party: HENRY ORORI ASANYO
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Case E001 of 2022
- Procedural Posture
- Civil Case / Ruling on Leave to Amend Plaint and Join Parties
- Outcome
- Application allowed
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Leave of Court, Filing and Service Timelines
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
TOM MOI NYANGESO
1st Plaintiff
DAVID OTUNDO NYANGESO
2nd Plaintiff
AGNES NYABOKE OBONYO
3rd Plaintiff
ABSOLOMON M. NYANGOKA
Defendant
JONATHAN OMBATI
Interested Party
PETER NYANGOKO
Interested Party
EZEKIEL MOKORO
Interested Party
HENRY ORORI ASANYO
Interested Party
Procedural Posture
Civil Case / Ruling on Leave to Amend Plaint and Join Parties
Legal Issues
- 1 Whether the plaintiffs should be granted leave to amend the plaint to formally join the interested parties as defendants
- 2 What terms should govern the amendment and subsequent filing of defences
Ratio Decidendi
The court found that, in the interests of justice and under Order 1 Rule 10, Order 8 Rule 2 of the Civil Procedure Rules and section 100 of the Civil Procedure Act, the plaintiffs should be allowed to amend the plaint solely to introduce claims against the interested parties and join them as defendants.
Court Disposition
Application allowed
Orders
- Leave granted to amend the plaint to join the interested parties as defendants.
- The amendment is limited to introducing the claim against those parties and no further or other amendment.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **CIVIL CASE NO. E001 OF 2022** **TOM MOI NYANGESO…………………………………………..1ST PLAINTIFF** **DAVID OTUNDO NYANGESO………………………………….2ND PLAINTIFF** **AGNES NYABOKE OBONYO…………………………………..3RD PLAINTIFF** **=VERSUS=** **ABSOLOMON M. NYANGOKA………………………………….DEFENDANT** **AND** **JONATHAN OMBATI )** **PETER NYANGOKO )** **EZEKIEL MOKORO )** **HENRY ORORI ASANYO )……………………………INTERESTED PARTIES** **RULING** 1. The Plaintiffs obtained the court’s leave, to join the Interested Parties as defendants in this suit. They are now seeking leave to amend their plaint, so as to formally join them in this suit as parties. 2. In the interest of Justice and in accordance with the provisions of Order 1 Rule 10 and Order 8 Rule 2 of the Civil Procedure Rules, as well as Section 100 of the Civil Procedure Act, the plaintiffs are hereby granted leave to amend their plaintto join them. 3. The amendment be in terms only of introducing the claim against those parties, and not for any further or other amendment. The amended plaint be filed and served within 7 days from the date of this ruling, and an affidavit of service be filed before close of business on 4th August 2026. 4. Thereafter the Defendant and the Interested Parties now as defendants, shall within 15 days from service of the plaint, file and serve their defence(s). **Dated and DELIVERED at KISII on this 28th day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**