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ELCPartially AllowedNot stated in judgment (interlocutory application dated 26th March 2019 in a petition before the Environment and Land Court, Chuka)· [2019] KEELC 3988 (KLR)

Chuka Igambang’ombe Development Association v County Government of Tharaka Nithi County & another; Njuri Ncheke Council of Elders – Meru South & 3 others (Interested Parties) eKLR [2019] KEELC 3988 (KLR)

Environment and Land Court

27 March 2019

PNP. M. Njoroge

1,073 words in judgment

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The bottom line

A Kenyan court allowed Chuka community residents to join a lawsuit over Kathwana Municipality boundaries because the decision directly affected their land, culture and heritage.

What this practically means

Executive summary

This is a short interlocutory ruling of the Environment and Land Court at Chuka delivered on 27th March 2019 by P. M. Njoroge J. The application, dated 26th March 2019, sought three orders: leave for the intended interested parties to be enjoined in the suit; leave, subject to grant of the first prayer, for them to file a response to the application and pleadings filed; and costs. The intended interested parties were residents and members of the Chuka tribe, one of four sub-tribes of the greater Ameru people. They complained that the respondents had moved to delineate new boundaries, including those of Mariara Ward, its locations and sub-locations and the Itugururu area, as part of Kathwana municipality ahead of its intended gazettement under the Urban Areas and Cities Act, with the effect of hiving off about 322 square kilometres of Chuka tribe land. They argued that the first county assembly had originally resolved to confer municipality status on Kathwana township over only 2 square kilometres following public participation, that the new delineation would affect their cultural heritage, sacred shrines and ancestral boundaries, and that any orders the court issued would impact their interests. The application noted a related pending petition, Chuka ELC Petition No. 2 of 2019. When the application was heard inter partes on 27th March 2019 it was not opposed. The court accordingly allowed the application, enjoining the intended interested parties, and made no order as to costs. The ruling is a brief unopposed joinder decision without extensive reasoning or citation of authorities.

Key legal issues

Whether the intended interested parties, being residents and members of the Chuka tribe affected by the delineation of new municipal boundaries, should be joined to the proceedings

Holding

The court allowed the application and enjoined the intended interested parties, the application having been unopposed when heard inter partes

Reasoning

The application sought leave to enjoin the intended interested parties on the ground that the proceedings touch on the respondents' decision to delineate new boundaries of Mariara Ward, its locations and sub-locations and Itugururu area as part of Kathwana municipality, hiving off approximately 322 km square of Chuka tribe land. The intended interested parties asserted their cultural, heritage and property interests would be directly affected by any orders issued. When the matter was heard inter partes on 27.3.2019, the application was not opposed, and the court accordingly allowed it in the interest of justice and to enable effectual adjudication of all questions in the suit.

p. 2

Legal principles established

Any person aggrieved by a decision touching on their fundamental rights is entitled to seek leave of the court to be enjoined in the matter

Court orders

1.Leave granted and the intended interested parties enjoined in the instant suit
2.Application allowed with no costs
3.It is so ordered

Authorities

Legislation

Urban Areas and Cities ActNot specified (provisions on conferral of municipality status on a county headquarters)

Jurisdiction invoked: Not expressly stated; inherent leave jurisdiction to enjoin interested parties in proceedings before the Environment and Land Court

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Chuka Igambang’ombe Development Association v County Government of Tharaka Nithi County & another; Njuri Ncheke Council of Elders – Meru South & 3 others (Interested Parties) eKLR [2019] KEELC 3988 (KLR)", Case Analysis (2019). Not stated in judgment (interlocutory application dated 26th March 2019 in a petition before the Environment and Land Court, Chuka). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3988/eng@2019-03-27

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