https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3028

Wamahiu & 8 others v County Government of Laikipia & 2 others (Environment and Land Judicial Review Case E004 of 2025) [2026] KEELC 3028 (KLR) (13 May 2026) (Ruling) Neutral citation: [2026] KEELC 3028 (KLR) Republic of Kenya In the Environment and Land Court at Nanyuki Environment and Land Judicial Review Case E004 of 2025 LN Mbugua, J May 13, 2026 Between James Maina Wamahiu 1st Applicant Zackayo Kariuki Karuri 2nd Applicant Joseph Kangui Ntirikia 3rd Applicant Karigithe Wahome 4th Applicant Silas Mwenda Mwebia 5th Applicant Daniel Nderitu Kimani 6th Applicant Jackline Wangechi Maina 7th Applicant Monicah Wakiru Wachira 8th Applicant Godfrey Mbuthia Hiuhu 9th Applicant and County Government Of Laikipia 1st Respondent CEC, Lands Infrastructure and Urban Development 2nd Respondent Laikipia County Physical Planning Officer 3rd Respondent Ruling 1.Vide an application dated 17.12.2025, the exparte applicants filed this suit seeking leave to file a substantive motion for orders of certiorari to quash the decision of the respondents to continue with the allocation of land using a 2004 plan, to carry out a regularization exercise at Kanyoni Settlement Scheme and an order of mandamus compelling the respondents to implement the resolution of 20.11.2019. The applicants also sought orders that leave so granted do operate as a stay of the decision of the respondent to carry out the regularization exercise. The leave to file the substantive motion was granted on 19.12.2025 and the said substantive notice of motion application dated 5.1.2026 has since been filed. The court however gave orders that the question of stay was to be argued in the main suit. 2.Two applications dated 16.3.2025 and 6.3.2025 have since been filed by intended interested parties. This ruling relates to the said applications. The Application Dated 16.3.2026 (herein the 1st Application) 3.The applicant/intended interested party is William Holden Wildlife Foundation (WHWF). It seeks to be joined in these proceedings. In so many words, they pray that there should be no blanket stay due to their interest in the parcel KNY/116A (ID 7xxxxx2). The application is supported by the affidavit of one Stafanie Powers, the Executive Director of the applicant. She avers that the applicant is a verified beneficiary at Kanyoni Settlement Scheme and they have invested heavily in their parcel. They claim that stay orders would paralize their operations. The Application Dated 6.3.2026 (herein the 2nd Application) 4.The applicants here in are 4, Peter Gicharu, Loice Nyambura, Joseph Mwangi and Catherine Wambui. They seek orders that they be joined in this suit and they be allowed to submit on the issue of stay. The application is premised on grounds on the face of the application and the supporting affidavit of the 1st applicant. He contends that he is the chairman of the executive committee of the Kanyoni Upgrading Settlement Scheme of which their members are the beneficial and registered owners as well as the occupants of the scheme. They have welcomed the regularization exercise, but the applicants had filed the case before the Magistrates Court CM ELC E069 of 2026 with the aim of staying the process, but the case was later withdrawn. they argue that the ex-parte applicants want to frustrate the process. 5.The exparte applicants have opposed the 1st application vide the replying affidavit of the 1st ex-parte applicant, James Maina dated 22.3.2026. They contend that the intended Interested Parties have not availed any authority to swear on behalf of the Interested Parties, and that their stake in this matter has not been indicated. They aver that they are challenging the administrative process for non implementation of resolutions of the meeting of 19.11.2019, which was the basis for allocation of the scheme to the squatters and evictees. He contends that the interests of the Interested Parties are well represented by the respondents. 6.The 2nd application is opposed by the ex-parte applicants through the replying affidavit of the same deponent, James Maina sworn on 23.3.2026. They argue that the claim by the interested parties that they are members of the executive committee of the scheme is not supported by any evidence, and their claim as the beneficial and registered owners is false. Thus they have not demonstrated a clear stake in the matter. 7.I have considered the rival arguments in respect of the two applications. The issue falling for determination in both applications is whether the said applicants should be joined in these proceedings. In the case of Methodist Church in Kenya v Mohamed Fugicha & 3 others [2019] eKLR, the court had this to say about an interested party;“Consequently, an interested party is one who has a stake in the proceedings, though he or she was not party to the cause ab initio. He or she is one who will be affected by the decision of the court when it is made, either way. Such a person feels that his or her interest will not be well articulated unless he himself or she herself appears in the proceedings, and champions his or her cause…” Emphasize added. 8.The applicants in the two applications desire that the regularization of Kanyoni Settlement Scheme continues because they are beneficiaries or owners of land in the scheme. The ex-parte applicants want the regularization process to be halted claiming that the genuine beneficiaries have been left out. Clearly the applicants have a stake in the matter and stand to be affected by the decision made regarding the prayers sought in this suit. 9.In the circumstances, I hereby allow the applications for joinder only, in the following terms;1.The applicant in the 1st application (dated 16.3.2026) shall be identified as the 1st interested party, while the 4 applicants in the 2nd application dated 6.3.2026 shall be identified as the 2nd- 5th interested parties.2.The new parties are hereby allowed to participate in these proceedings by filing responses to the main substantive motion and to respond to the issue of stay.3.Each party shall bear their own costs of the applications. DATED, SIGNED AND DELIVERED AT NANYUKI THIS 13TH DAY OF MAY, 2026 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:M/s Thumbi - 1st, 2nd and 3rd Respondents.Amoriba - Exparte.M/s Atema - Intended Interested Party.Onaya Ombene - 2nd Interested Party.