Simon Murungi & 15 others v Land Adjudication Officer Ruiri/Rwarera & 2 others; Japhet Kaii (Interested Party) [2021] KEELC 1180 (KLR)
The bottom line
#Kenya's Environment and Land Court struck a County Government out of a land rights petition because it was wrongly joined and no specific constitutional complaint was pleaded against it.
What this practically means
#Executive summary
#Key legal issues
#Misjoinder of the 2nd respondent
The preliminary objection was merited and the 2nd respondent was struck out
The court found the powers of land adjudication vested in the 1st respondent under the Land Adjudication Act and Land Consolidation Act, and the 1st respondent was not an employee or agent of the 2nd respondent. The 2nd respondent therefore could not be held liable for the alleged infringements by other parties, and the petitioners had not particularized their complaint against it with reasonable precision.
Precision in pleading constitutional petitions
The petition failed to particularize the constitutional complaint against the 2nd respondent with reasonable precision
Following Anarita Karimi Njeru and Mumo Matemu, the court held that constitutional allegations must be pleaded with precision. The nearest plea against the 2nd respondent was in paragraph 35 of the petition, alleging compromise of rights to protection of private property and fair administration, which was insufficient.
Legal principles established
#- Rule 5 of the Practice and Procedure Rules 2013 empowers the court to strike out parties wrongly joined to a petition
- A party against whom no precise constitutional complaint is particularized may be struck out, per the Anarita Karimi Njeru standard
Court orders
#- 1.The 2nd respondent is struck out of the proceedings
- 2.No order as to costs
- Jurisdiction invoked
- Article 6, 186, 187, 188 and Schedule I(1) of the Constitution; Rule 5 of the Constitution of Kenya (Protection of Rights and Freedoms) Practice and Protection Rules 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Simon Murungi & 15 others v Land Adjudication Officer Ruiri/Rwarera & 2 others; Japhet Kaii (Interested Party) [2021] KEELC 1180 (KLR)", Case Analysis (2021). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1180/eng@2021-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.