Borbor & 14 others v National Environment Management Authority; Neema Livestock & Slaughtering Investments Limited & 12 others (Intended Interested Party) (Environment and Land Judicial Review Case 2 of 2022) [2022] KEELC 3948 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Identifiable stake or legal interest for joinder
The intended Interested Party had no identifiable or proximate interest; its abattoir is at Lucky Summer, far from Kiamaiko, and the challenged decision did not refer to it
The court noted that the verbal pronouncement of 1st February 2022 did not mention the intended Interested Party or its area of operations, and that the intended Interested Party itself acknowledged its abattoir is in Lucky Summer while the slaughter houses to be closed are in Kiamaiko. It failed to show by evidence how the closure decision affects its members' interests, and its application in fact supported the Respondent's decision.
Prejudice from non-joinder
No prejudice was demonstrated; the reputational concerns about 'publicity and wild rumours' were too remote
Applying the Francis Kariuki Muriatetu test, the court held that the prejudice must be clearly outlined and not remote. The intended Interested Party's concerns about clarifying to livestock suppliers that its slaughter house is hygienic and distinct from Kiamaiko did not meet this threshold and were peripheral to the judicial review claim.
Legal principles established
#- Enjoinment as an interested party is discretionary, not of right, and requires an identifiable and proximate personal interest or stake, demonstration of prejudice from non-joinder, and a demonstration of the relevance of the submissions the party intends to make
- An interest that is merely reputational or commercial and remote from the claim cannot found joinder
Court orders
#- 1.The intended Interested Party's application dated 17th March, 2022 is dismissed with costs
- Jurisdiction invoked
- Order 53 Rules 3(2) and (4) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Borbor & 14 others v National Environment Management Authority; Neema Livestock & Slaughtering Investments Limited & 12 others (Intended Interested Party) (Environment and Land Judicial Review Case 2 of 2022) [2022] KEELC 3948 (KLR)", Case Analysis (2022). Judicial Review proceedings re closure of Kiamaiko slaughter houses (Motion dated 17th March, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3948/eng@2022-06-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.