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ELCAllowedNotice of Motion dated 28/7/2020· [2021] KEELC 1190 (KLR)

Kaptich Farmers Group (through Ezekiel Maritim, Joseah, Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer of Kaptich Farmers Group) v Samson Maitamei Kapeen & 2 others; Hellen Koskei & 45 others (Interested Parties) [2021] KEELC 1190 (KLR)

Environment and Land Court
27 October 2021
MKMohamed N. Kullow
392 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed 46 land buyers to join an ongoing Narok land case because owning purchased portions gave them a real stake in the outcome.

What this practically means

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Executive summary

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By a Notice of Motion dated 28 July 2020, 46 applicants sought to be enjoined in a substantive suit concerning land parcel NAROK/CIS/MARA-OLOLOLUNGA/127 as 1st to 46th interested parties. Supported by an affidavit of Wesley Chepkwony, the third proposed interested party, the applicants contended that they had contractual relationships with the 1st defendant, Samson Maitamei Kapeen, a co-owner of the suit parcel, and that he sold them portions measuring 47.07 hectares; they further contended the original parcel no longer existed having been subdivided by the purchasers. They argued that without joinder they would be unable to ventilate their claims. The respondents did not oppose the application despite being given the chance. The court considered Black's Law Dictionary's definition of an interested party as one with a recognizable stake in a matter and the Supreme Court's pronouncement in Communications Commission of Kenya v Royal Media Services Ltd that an interested party is one with a stake in the proceedings. Holding that the applicants' purchase of part of the suit land gave them a stake in the proceedings and entitled them to protection of rights that would otherwise be adversely affected, the court allowed the application and directed that the intended interested parties be enjoined as the 1st to 46th interested parties. Judgment was delivered at Narok on 27 October 2021 by Kullow J. No costs order is recorded.

Key legal issues

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01

Whether purchasers of portions of the suit land qualify as interested parties

Holding

They qualify because their purchase of part of the suit land gives them a stake in the proceedings and their rights would be adversely affected if not enjoined

Reasoning

The court adopted the Supreme Court's definition in Communications Commission of Kenya v Royal Media Services and Black's Law Dictionary definition of an interested party. The applicants purchased portions from the 1st defendant, a co-owner of the suit parcel, which was allegedly subdivided. Their contractual relationships with the 1st defendant and proprietary claims give them a recognizable stake warranting joinder.

p. 1

Legal principles established

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  • An interested party is one who has a recognizable stake in a matter and is closely connected to the lawsuit
  • Purchasers of part of the suit land have a stake in the proceedings and are entitled to protection of their rights by being enjoined

Court orders

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  1. 1.The Notice of Motion dated 28/7/2020 is allowed
  2. 2.The intended interested parties be enjoined in the suit as the 1st to 46th interested parties

Authorities

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Cases cited (1)

  • Communications Commission of Kenya and 4 others =vs= Royal Media Services Limited and 7 others
    Petition No. 15 of (2014) eKLR
Jurisdiction invoked
Inherent jurisdiction of the court to enjoin interested parties in a substantive suit

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, "Kaptich Farmers Group (through Ezekiel Maritim, Joseah, Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer of Kaptich Farmers Group) v Samson Maitamei Kapeen & 2 others; Hellen Koskei & 45 others (Interested Parties) [2021] KEELC 1190 (KLR)", Case Analysis (2021). Notice of Motion dated 28/7/2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1190/eng@2021-10-27

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