Samuel Matunde Muchina v Samuel Kiptoo Ruto & 9 others; Joshua Kirwa Bett (Suing as the Power of Attorney for Priscilla Jebungei Kirwa) & 7 others (Interested Parties/Applicants) [2020] KEELC 991 (KLR)
The bottom line
#Once a Kenyan land suit is fully concluded, the court will not add new parties claiming an interest—pursue your rights through separate proceedings instead.
What this practically means
#Executive summary
#Key legal issues
#Whether joinder of parties is permissible after judgment
Joinder after judgment is only possible where something remains to be done, such as assessment of damages; a concluded suit does not admit joinder.
The court relied on Order 1 Rule 10(2), the J M K v M W M decision and Tang Gas Distributors, noting that the power to add a party can be exercised at any stage only where proceedings are ongoing. Since judgment had been delivered on 5th December 2019 and no assessment of damages was pending, the matter was concluded and the rule inapplicable.
Whether the applicants met the threshold for joinder as interested parties
They did not; the 2nd applicant lacked a grant ad litem and thus locus standi, and the others failed to demonstrate an identifiable interest or were not privy to the relevant agreements.
Applying Trusted Society of Human Rights Alliance, an interested party must have a stake in the proceedings. The 2nd applicant had no letters of administration ad litem as required by section 82 of the Law of Succession Act; the 1st applicant's power of attorney was not case-specific; and the 3rd to 8th applicants claimed through alleged agents of the respondent, raising privity problems.
Whether a stay of execution should issue
No; the application sought stay only pending joinder and hearing, and the applicants' remedy lay in executing their Tribunal awards, not in this concluded suit.
The court observed that the application did not seek setting aside of the judgment, so even if the applicants were enjoined, nothing could be done with the enjoinment in a concluded case. Their interests could be pursued elsewhere through their Land Disputes Tribunal awards.
Legal principles established
#- Joinder under Order 1 Rule 10(2) is available only in pending proceedings; once a suit is finally disposed of with nothing left to be done (e.g. assessment of damages), the rule becomes inapplicable.
- An interested party must demonstrate a stake or identifiable interest in the proceedings and how the decision will affect them; mere busybodies will not be joined.
Court orders
#- 1.The application dated 22nd January 2020 for joinder of interested parties and stay of execution is dismissed with costs to the respondents
- Jurisdiction invoked
- Order 1 Rule 10(2) of the Civil Procedure Rules, 2010 (joinder); Order 9 Rule 9 (change of advocates after judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samuel Matunde Muchina v Samuel Kiptoo Ruto & 9 others; Joshua Kirwa Bett (Suing as the Power of Attorney for Priscilla Jebungei Kirwa) & 7 others (Interested Parties/Applicants) [2020] KEELC 991 (KLR)", Case Analysis (2020). Application dated 22nd January 2020 in Eldoret HCC No. 161 of 2012 (Suit over Uasin Gishu/Ndalat/30). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/991/eng@2020-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.