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ELCDismissedNotice of Motion dated 5.2.2012 (in a suit filed 18.1.2021)· [2021] KEELC 1346 (KLR)

Kenya Electricity Transmission Co. Ltd v Kibii Arap Biego & 14 others; Eldoret Holdings Co.Ltd (Proposed Intrested Party) [2021] KEELC 1346 (KLR)

Environment and Land Court
27 October 2021
MMM.N. Mwanyale
1,038 words in judgment
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The bottom line

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Kenya's Environment and Land Court dismissed a landowner's bid to join a Kenya Power suit because a rerouted power line no longer crossed its land.

What this practically means

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Executive summary

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Eldoret Holdings Co. Ltd applied by Notice of Motion to be joined as an interested party in a suit concerning the Kenya Power transmission line and wayleave corridor, contending that the Plaintiff's cadastral map showed the line transversing its registered parcel Nandi/Lessos/1024 and that no compensation had been offered. The application, supported by the affidavit of director Hassan Khalif Maalim, was opposed by the Plaintiff through the replying affidavit of Assistant Surveyor Michael Otieno, who deponed that the line had been rerouted following a resurvey and no longer affected the Applicant's land. The Applicant framed two issues: whether it had a right to seek joinder and whether it was entitled to costs. It relied on Order 1 Rule 10(2) of the Civil Procedure Rules and the joinder principles in Meme vs Republic, while the Plaintiff relied on the rerouted map and the Supreme Court decision in Communications Commission of Kenya vs Royal Media Services. The court held that since the transmission line no longer transversed Nandi/Lessos/1024, the interest justifying joinder had been extinguished and the Applicant failed the requisite Meme vs Republic test; the application was dismissed. On costs, although costs follow the event, the court exercised discretion and made no orders as to costs. The judgment was delivered at Kapsabet on 27 October 2021 by M.N. Mwanyale J.

Key legal issues

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01

Whether the Applicant qualified for joinder as an interested party

Holding

No - the rerouting of the transmission line meant the Applicant's land was no longer affected and the interest had been extinguished

Reasoning

The Applicant relied on the Plaintiff's original cadastral map showing the transmission line transversing Nandi/Lessos/1024. The Respondent's surveyor deponed that a resurvey rerouted the line, confirmed by a new map (MO 1). Applying the Meme vs Republic principles, the court found the interest justifying joinder had been extinguished and the requisite test was not met.

p. 3
02

Whether the Applicant was entitled to costs

Holding

No order as to costs despite the general rule that costs follow the event

Reasoning

The Applicant argued it applied for joinder when it had a genuine interest, given the initially filed erroneous cadastral map. The court acknowledged costs follow the event but exercised discretion to make no order as to costs, notwithstanding the dismissal of the application.

p. 3

Legal principles established

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  • Joinder as an interested party requires proof of an existing interest meeting the Meme vs Republic principles; an interest extinguished before determination cannot sustain joinder

Court orders

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  1. 1.The Applicant's Notice of Motion application dated 5.2.2012 for joinder as an interested party is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)

Cases cited (2)

  • Meme vs Republic
    [2004] 1 EA 124 (as printed: [2004]1 124)
  • Communications Commission of Kenya & 4 others vs Royal Media Services Limited & 7 others (2014)
Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules (joinder as interested party)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (2)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Kenya Electricity Transmission Co. Ltd v Kibii Arap Biego & 14 others; Eldoret Holdings Co.Ltd (Proposed Intrested Party) [2021] KEELC 1346 (KLR)", Case Analysis (2021). Notice of Motion dated 5.2.2012 (in a suit filed 18.1.2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1346/eng@2021-10-27

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