County Government of Bungoma & another v Attorney General & 2 others; National Land Commission (Interested Party) (Environment & Land Petition 563 of 2016) [2022] KEELC 2913 (KLR)
The bottom line
#The Environment and Land Court refused to add a man to a Bungoma land petition because he showed no real stake in the case.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant qualified for joinder as an interested party
He did not; he failed to establish any identifiable stake, interest or duty in the petition, which concerns only the petitioners and the 3rd respondent.
The petition challenges two High Court judgments concerning Ndivisi/Muchi/1265 between the petitioners and the 3rd respondent. The applicant was not party to those suits and is unaffected by them. His claimed interest relates to the Busia ELC no 59 of 2018 boundary/subdivision dispute over different parcels, which is unrelated to the petition and would only muddle the succinct issues before the court.
Whether the applicant could be joined as a respondent
No; he could not be a respondent because no constitutional or other claim was made against him and his presence is unnecessary.
Applying the rule 2 definition of a respondent, the applicant was not a party to the challenged suits, was not the owner of the suit property, and no claim of any nature was pleaded against him. Joinder would confuse rather than expedite determination of the petition.
Whether the applicant could assist the 3rd respondent as an intermediary
No; the alleged eye-sight disability was unproven and, in any event, joinder is not required for the court to assist a party under Article 50(7).
The applicant produced no evidence of the 3rd respondent's disability, having disclosed it for the first time. If the 3rd respondent notifies the court of any physical or medical challenge, the court can give directions and allow an intermediary under Article 50(7) without the applicant being joined.
Legal principles established
#- An interested party under rule 2 of the Mutunga Rules must demonstrate an identifiable stake or legal interest or duty in the proceedings before the court.
- A respondent in a constitutional petition is a person alleged to have denied, violated or infringed, or threatened to deny, violate or infringe a right or fundamental freedom.
- Joinder applications to a constitutional petition should be brought under the Mutunga Rules, not the Civil Procedure Rules on joinder.
Court orders
#- 1.The applicant's amended Notice of Motion dated July 26, 2021 is dismissed
- 2.Each party to bear its own costs
- Jurisdiction invoked
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, rules 5(d) and (e) and 7(1) and (2); Article 50(7) of the Constitution referred to re intermediaries
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Bungoma & another v Attorney General & 2 others; National Land Commission (Interested Party) (Environment & Land Petition 563 of 2016) [2022] KEELC 2913 (KLR)", Case Analysis (2022). Petition (originally filed in the High Court, transferred to the Environment and Land Court in 2016, current ELC number). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2913/eng@2022-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.