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ELCPartially AllowedPetition No. 2 of 2014· [2018] KEELC 4049 (KLR)

Christopher Kurutyon Lonyala & 26 others v Cabinet Secretary Ministry of Lands and Settlement & 11 others [2018] KEELC 4049 (KLR)

Environment and Land Court
28 February 2018
MNMwangi Njoroge
518 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court allowed occupation-based claimants to join an ongoing land petition as interested parties, but refused to let them amend someone else's pleadings.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Kitale (Mwangi Njoroge, J) on an application dated 18/1/2018 made in Petition No. 2 of 2014, which concerns land at ADC Chepchoina Phase II S.F.T. Scheme. The applicants, who alleged they were allocated land by the Government through the ADC in 1997 and 1998 and had been in peaceful occupation of their plots, sought leave to be enjoined in the petition as interested parties and, further, leave to amend the petition. They claimed the plots were their source of livelihood, income and abode and that they would suffer irreparable injury if the application was declined. The court noted the status quo orders made on 2/3/2016 and clarified on 26/4/2016, preserving all Government allottees' portions, and that the hearing had progressed with two prosecution witnesses having testified. The court observed that the applicants' claim did not differ from the petitioners' claim and that, as the petition was a matter of public law, the petitioners' interests were already catered for. Nonetheless, exercising its discretion in the interests of justice, the court enjoined the applicants named in the list headed 'Authority to plead and swear affidavits' as interested parties, directing them to file documents within 21 days with leave to the other parties to reply within 10 days of service, and confining them to the witnesses and documents listed in their application dated 18/1/2018. The limb seeking to amend the petition was denied on the basis that a party joining proceedings midway cannot amend another party's pleadings. Each party was ordered to bear its own costs of the application.

Key legal issues

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01

Joinder of the applicants as interested parties

Holding

Allowed in respect of the applicants named in the filed list; the court found their claim not different from the petitioners' claim but exercised discretion to enjoin them.

Reasoning

The court noted the applicants were allocated land in 1997/1998 through ADC and have been in peaceful occupation of plots in ADC Chepchoina Phase II S.F.T. Scheme, facing threatened interference. Although the petition was a matter of public law and the petitioners' interests were already catered for, the court exercised discretion in the interests of justice to enjoin the named applicants, subject to strict limits on documents and witnesses.

p. 4
02

Amendment of the petition by the newly joined parties

Holding

Denied; a new party cannot amend another party's pleadings.

Reasoning

The court held that parties joining proceedings midway cannot purport to amend another party's pleadings, and refused that limb of the application. The existing petition, together with the documents the interested parties are permitted to file, suffices; costs were left to each party.

p. 4

Legal principles established

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  • A party joined midway into proceedings may not amend another party's pleadings
  • A court may, in the interests of justice, enjoin persons claiming interests in the subject land as interested parties in a pending public-law petition

Court orders

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  1. 1.The applicants named in the list filed in court headed 'Authority to plead and swear affidavits' are enjoined as interested parties in the petition
  2. 2.The interested parties to file their documents for use in the main petition within 21 days of the order
  3. 3.Other parties granted leave to reply to those documents, if need be, within 10 days of service
  4. 4.The applicants' witnesses shall be only those in the list attached to the application; no other documents save those in the applicant's list dated 18/1/2018 shall be allowed
  5. 5.Each party to bear their own costs of the application
Jurisdiction invoked
Inherent discretion of the court to enjoin interested parties in a pending petition in the interests of justice

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Christopher Kurutyon Lonyala & 26 others v Cabinet Secretary Ministry of Lands and Settlement & 11 others [2018] KEELC 4049 (KLR)", Case Analysis (2018). Petition No. 2 of 2014. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4049/eng@2018-02-28

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