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ELCAllowedNot stated in judgment· [2022] KEELC 1665 (KLR)

Japheth Kithi Chega v Kenya Forest Service & another; Kiambu Sawmillers (Interested Party) [2022] KEELC 1665 (KLR)

Environment and Land Court of Kenya
1 February 2022
EWE. K. Wabwoto
1,319 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that counties with major forests can join a land case because the law gives them forestry duties.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court (E. K. Wabwoto, J) at Nairobi, delivered virtually on 1st February 2022, determined the Petitioner's application dated 21st January 2022 seeking to join ten county governments - Baringo, Elgeyo-Marakwet, Kericho, Embu, Kiambu, Meru, Nakuru, Nyandarua, Nyeri and Uasin Gishu - as interested parties to a Petition. The Petitioner argued that the counties bear a constitutional and statutory role in forest management under Article 187 read with Schedule 4 of the Constitution and Section 21 of the Forest Conservation and Management Act, 2016, and that their interests would be affected by the outcome. The Respondent opposed, contending that forest management is a national rather than devolved function and that joinder would delay a petition commenced under certificate of urgency; the Interested Party also opposed. The court framed one issue: whether the Petitioner demonstrated the need to enjoin the counties. Applying Rule 7 of the Mutunga Rules, the Supreme Court's test in Trusted Society of Human Rights Alliance v Mumo Matemu and the Muruatetu principles via the Ang'awa decision, and noting the counties' significant forest cover in the Kenya State of Environment Report 2019-2021, the court found the stake of the proposed parties sufficiently demonstrated. The application was allowed: the ten counties were joined as 2nd to 11th Interested Parties, timelines were set for an amended Petition and responses, interim orders were extended to a mention on 28th February 2022, and each party was to bear its own costs.

Key legal issues

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Whether the ten county governments should be joined as interested parties

Holding

The application for joinder was merited; the petitioner demonstrated the counties' stake in the proceedings given their statutory forestry functions

Reasoning

The court applied Rule 7 of the Mutunga Rules and the Supreme Court's principles in Trusted Society of Human Rights Alliance v Mumo Matemu and Muruatetu, requiring a clearly identifiable, proximate interest and demonstrated prejudice. Section 21 of the Forest Conservation and Management Act, 2016 imposes forestry duties on county governments, and the counties listed have significant forest cover, establishing a recognizable stake that would assist the court in adjudicating the Petition.

p. 2

Legal principles established

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  • Joinder of an interested party is discretionary and requires demonstration of a stake in the proceedings

Court orders

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  1. 1.County governments of Baringo, Elgeyo-Marakwet, Kericho, Embu, Kiambu, Meru, Nakuru, Nyandarua, Nyeri and Uasin Gishu joined to the Petition as 2nd to 11th Interested Parties respectively
  2. 2.Petitioner to amend and serve the amended Petition on all parties including the added Interested Parties within 10 days
  3. 3.Interested Parties to file their responses to the Petition within 15 days from the date of service
  4. 4.Mention on 28th February 2022 for further directions
  5. 5.Interim orders in force extended until the mention date
  6. 6.Each party to bear its own costs of the Application

Authorities

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Legislation

  • Constitution of KenyaArticle 187; Schedule 4; Article 62(2)
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013 (The Mutunga Rules)Rule 7
  • Forest Conservation and Management Act, 2016Section 21

Cases cited (3)

  • Trusted Society of Human Rights Alliance v Mumo Matemu
    [2014] eKLR
  • Esther Awuor Adero Ang'awa v Cabinet Secretary Responsible for Matters Relating to Basic Education & 7 others; John Diro & 6 others (Intended Interested Parties)
    [2021] eKLR
  • Francis Karioki Muruatetu & Another v Republic & 5 others
    Petition 15 as consolidated with 16 of 2013 [2016] eKLR
Jurisdiction invoked
Article 187 as read with Schedule 4 of the Constitution; Rule 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013

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, "Japheth Kithi Chega v Kenya Forest Service & another; Kiambu Sawmillers (Interested Party) [2022] KEELC 1665 (KLR)", Case Analysis (2022). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1665/eng@2022-02-01

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