Wangari v County Government of Kirinyaga & another; Kenya Medical Research Institute (KEMRI) (Interested Party); Kimike Co-ordinating Committee (Intended Interested Party) (Constitutional Petition 4 of 2019) [2019] KEELC 276 (KLR)
The bottom line
#The Land Court refused a community group's bid to join a public land case, but brought in the National Land Commission instead.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant should be admitted as an interested party
Application dismissed; the applicant did not demonstrate a distinct interest, expertise or novel legal arguments that would assist the Court
Applying the Supreme Court guidelines in Trusted Society of Human Rights Alliance v Mumo Matemo and Odunga J's observations in the Tunoi case, the court found the applicant had not attached its constitution, shown relevant expertise, or identified novel points of law. Its concerns (consideration for the land, employment opportunities) could be addressed without joinder, and the National Land Commission was the proper party on the public land issue.
Whether the National Land Commission is a necessary party
Yes; the NLC is mandated by law to manage public land registered in the name of a County Government and its presence will assist in determining the real issues in controversy
The suit land is public land registered in the name of the County Government of Kirinyaga, which the NLC manages on behalf of the County under Article 67(2)(b) of the Constitution. The question of whether consideration was paid for the transfer can best be answered by the NLC, which has the constitutional mandate to receive and account for such funds. The court therefore joined the NLC suo motu as an interested party.
Legal principles established
#- An interested party is one who has a stake in the proceedings and will be affected by the decision of the Court either way
- Joinder of a party is a discretionary power of the Court which must be exercised judicially
- Public land held in the name of a County Government is managed by the National Land Commission on behalf of that County Government
Court orders
#- 1.The applicant's Notice of Motion dated 12th November 2019 is hereby dismissed.
- 2.The National Land Commission is hereby enjoined as an interested party.
- 3.The National Land Commission to file and serve their response to the petition herein within 14 days from today.
- 4.Each party shall bear his own costs of this application.
- 5.By consent of the parties, mention on 15th January 2020 for further directions; interim orders extended.
- Jurisdiction invoked
- Article 67(2)(b) of the Constitution of Kenya 2010 (public land management by National Land Commission on behalf of County Government)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wangari v County Government of Kirinyaga & another; Kenya Medical Research Institute (KEMRI) (Interested Party); Kimike Co-ordinating Committee (Intended Interested Party) (Constitutional Petition 4 of 2019) [2019] KEELC 276 (KLR)", Case Analysis (2019). Petition (as filed 25th September 2019) - Notice of Motion dated 12th November 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/276/eng@2019-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.