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ELCPartially AllowedNot stated in judgment· [2015] KEELC 302 (KLR)

James Gichure Kionga v Patrick Njogu Michanjo & another [2015] KEELC 302 (KLR)

Environment and Land Court
2 July 2015
MSMunyao Sila
390 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court struck out the Transition Authority from a land dispute, confirming public bodies can only be sued for what their legal mandate actually covers.

What this practically means

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Executive summary

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This first-instance ruling of the Environment and Land Court at Nakuru (Munyao Sila, J) disposed of an application dated 18 July 2014 by the Transition Authority, the 2nd defendant, to be struck out of a land suit commenced on 18 June 2013. The plaintiff's claim is that he purchased residential plot No. 681, Site & Service Scheme, Kabati in Naivasha, in 1986, with the transfer effected at the Naivasha Municipal Council offices in November 1995, but in February 2011 discovered that the Council had transferred the plot to the 1st defendant, Patrick Njogu Michango, on 1 August 2001. He sought a declaration of ownership and nullification of that transfer, and sued the Transition Authority on the basis that it acted on behalf of the Naivasha Municipal Council. The Transition Authority, through M/s Garane & Company Advocates, applied to be struck out on the ground that it was improperly enjoined, its mandate not covering oversight of private property. At the inter partes hearing counsel for the plaintiff conceded to the application and proposed substituting the County Government of Nakuru. Holding that it had no reason to disallow an unopposed application, the court struck out the Transition Authority, ordered the plaintiff to bear the costs of the application, and directed that substitution of the County Government of Nakuru be pursued through a formal application. No authorities were cited.

Key legal issues

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01

Whether the Transition Authority was improperly joined as a defendant

Holding

The court found it was improperly enjoined, since its mandate does not cover overseeing private property, and struck it out on the unopposed application

Reasoning

The Transition Authority's own advocates applied to have it struck out on the ground that its statutory mandate does not extend to oversight of private property. The plaintiff conceded to the application and proposed substitution of the County Government of Nakuru. With no opposition to the striking out, the court allowed it and left substitution to a formal application.

p. 1

Legal principles established

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  • Where a party improperly enjoined in a suit is not opposed by the plaintiff, the court has no reason to disallow an application to strike that party out

Court orders

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  1. 1.The Transition Authority is struck out of the suit
  2. 2.The plaintiff to bear the costs of the application
  3. 3.A formal application to be filed for the proposed substitution of the County Government of Nakuru for the Transition Authority
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court over a dispute relating to title to land

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "James Gichure Kionga v Patrick Njogu Michanjo & another [2015] KEELC 302 (KLR)", Case Analysis (2015). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/302/eng@2015-07-02

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.