Revival Fellowship International Kenya v Wambua & another (Environment and Land Case E002 of 2025) [2026] KEELC 3403 (KLR) (20 May 2026) (Ruling)
The court held that the contempt motion dated 27/10/2025 could not be heard together with the motion for amendment and joinder because the intended 2nd Defendant, once joined, would have to respond in self-defence to the contempt allegations. The court therefore allowed the joinder and related amendment prayers, but...
Source-derived case information.
- Citation
- [2026] KEELC 3403 (KLR)
- Parties
- Plaintiff: REVIVAL FELLOWSHIP INTERNATIONAL KENYA; 1st Defendant: MICHAEL NTHENGE WAMBUA; 2nd Defendant: MOHAMED SAID SHIMASI
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E002 of 2025
- Procedural Posture
- Environment and Land Case / Interlocutory Ruling on Motions for Injunction, Mandatory Injunction, Joinder, and Contempt
- Outcome
- Partially allowed
- Judges
- ["FM Njoroge"]
- Legal Topics
- Temporary Injunction, Mandatory Injunction, Joinder of Parties, Amended Plaint, Service of Pleadings, Self Defence in Contempt Proceedings, Case Management Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
REVIVAL FELLOWSHIP INTERNATIONAL KENYA
Plaintiff
MICHAEL NTHENGE WAMBUA
1st Defendant
MOHAMED SAID SHIMASI
2nd Defendant
Procedural Posture
Environment and Land Case / Interlocutory Ruling on Motions for Injunction, Mandatory Injunction, Joinder, and Contempt
Legal Issues
- 1 Whether the application for joinder of Mohamed Said Shimasi as 2nd Defendant should be allowed
- 2 Whether the amended plaint should be deemed as properly filed
- 3 Whether the contempt motion dated 27/10/2025 could be heard together with the amendment and joinder application
Ratio Decidendi
The court held that the contempt motion dated 27/10/2025 could not be heard together with the motion for amendment and joinder because the intended 2nd Defendant, once joined, would have to respond in self-defence to the contempt allegations. The court therefore allowed the joinder and related amendment prayers, but deferred the contempt motion for later directions.
Court Disposition
Partially allowed
Orders
- Prayer Nos. (c), (e), (f) and (g) in the motion dated 15/10/2025 are granted.
- The amended plaint shall be filed, paid and served within 7 days from the date of the order.
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE NO. E002 OF 2025 REVIVAL FELLOWSHIP INTERNATIONAL KENYA………………………………………………………………PLAINTIFF VERSUS MICHAEL NTHENGE WAMBUA …………………………………………………………………………….1ST DEFENDANT M0HAMED SAID SHIMASI-----------------------------------………………………………………….2ND DEFENDANT **RULING** The Motion dated 15/10/2025 seeks a temporary injunction, a mandatory injunction and joinder of Mohamed Said Shimasi as 2nd Defendant and summons be issued against him and the amended plaint of 15/10/2025 be deemed as property filed. This court has noted that the Motion dated 27th October 2025 cannot be heard together with the motion for amendment and joinder of the 2nd Defendant since he would be expected to respond to the contempt motion in self defence once joined. I therefore grant the prayers Nos (c) (e ) (f) and (g) in the motion dated 15/10/2025. The Amended plaint shall be filed and paid and served within 7 days from the date of this order. Parties shall appear before court on 9/6/2026 for directions on the hearing of Motion dated 27/10/2025. **Dated, signed** and **delivered** at **Malindi via electronic mail** on this **20th** day of **May 2026.**  **MWANGI NJOROGE** **JUDGE, ELC, MALINDI.**