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ELCAllowedChamber Summonses dated 19th April 2016· [2019] KEELC 327 (KLR)

Issa Kher Mohamud Mohamed & another v Minister of State for Provincial Administration & Internal Security & 3 others; Kenya Civil Aviation Authority & another (Interested Party); Nairobi City County Government (Proposed 5th Respondent) [2019] KEELC 327 (KLR)

Environment and Land Court
19 December 2019
EOE.O. Obaga
544 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~2 min to read original · ~4 min brief

The bottom line

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Nairobi's High Court-type land court ruled the County must join a hotel demolition fight because it approved the building plans.

What this practically means

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Executive summary

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This ruling by E.O. Obaga, Judge, determined a chamber summons dated 19th April 2016 by which the Attorney General, the 4th Respondent in a petition, sought the joinder of Nairobi City County as the 5th Respondent. The underlying petition sought to stop the demolition of a hotel erected on LR No.36/II/302 at Eastleigh in Nairobi, belonging to the 1st Petitioner and operated by the 2nd Petitioner. The hotel had been marked for demolition in 2011 on the ground that its proximity to Eastleigh Air Base and its height obstructed aircraft. The Attorney General argued that the building plans had been approved by the Nairobi City Council, the predecessor of Nairobi City County, and that the County's joinder was necessary for the complete determination of the petition. Nairobi City County opposed, contending that no cause of action was disclosed against it, that no relief was sought from it, and that the petition could be determined without it. The court framed a single issue: whether the County should be enjoined. Observing that the central question was whether the building complied with International Civil Aviation Organization obstacle restriction requirements, and that the Council was expected to involve Moi Airbase officers when approving the plans, the court held the County a necessary party. It allowed the application, enjoined the County as 5th Respondent, ordered amendment of pleadings within 21 days to be served on the added party only, and directed that costs be in the cause.

Key legal issues

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01

Whether Nairobi City County is a necessary party to the petition

Holding

The application by the Attorney General to join Nairobi City County as the 5th Respondent is allowed

Reasoning

The petition turns on whether the building earmarked for demolition complied with International Civil Aviation Organization obstacle restriction requirements. The Petitioners allege that the Nairobi City Council approved the building plans without involving Moi Airbase officers, whose comments on building height and aircraft safety were required. Since the approval of the plans by the Council, predecessor of the County, is central to the dispute, the County's joinder is necessary to enable the court effectually and completely adjudicate on the questions raised.

p. 1

Legal principles established

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  • A party whose approval of building plans is in issue in a petition concerning demolition of a building is a necessary party for the effectual and complete determination of the questions in the petition

Court orders

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  1. 1.The Nairobi City County is enjoined as the 5th Respondent
  2. 2.Pleadings to be amended within 21 days
  3. 3.The pleadings shall be served upon the added party only
  4. 4.Costs shall be in the cause

Authorities

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Legislation

  • International Civil Aviation Organization requirementsobstacle restriction
Jurisdiction invoked
Joinder of a necessary party to enable the Court effectually and completely adjudicate upon the questions in the petition ( joinder under civil procedure principles)

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, "Issa Kher Mohamud Mohamed & another v Minister of State for Provincial Administration & Internal Security & 3 others; Kenya Civil Aviation Authority & another (Interested Party); Nairobi City County Government (Proposed 5th Respondent) [2019] KEELC 327 (KLR)", Case Analysis (2019). Chamber Summonses dated 19th April 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/327/eng@2019-12-19

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