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ELCDismissedEnvironment & Land Case 58 of 2017· [2022] KEELC 13350 (KLR)

Kiriwa & another (Suing as the administratrix of the Estate of the Late Paul Kiriwa) v Meli (Suing as the administratrix of the Estate of Kemeli Mbogo Simeon) & 5 others; Yego (Proposed Interested Party)

Environment and Land Court of Kenya
4 October 2022
FNFred Nyagaka
1,500 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan land buyer lost his bid to join an ongoing court case because he couldn't show his personal stake required the court's direct attention.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kitale (Nyagaka J) determined a notice of motion dated July 13, 2020 and filed March 17, 2022 by Daniel Kirwa Yego, a proposed interested party in a land dispute over LR 9191 (EX Graham) Sosiot Farm. The applicants, administrators of the estate of the late Paul Kiriwa, sued the administrators of several other estates together with the Commissioner for Land and the Attorney General. The proposed interested party deponed that in 1982 he purchased approximately 90 acres of the suit land from the late Paul Kirwo Simatwo, settled the deceased's ADC loan arrears, paid survey and planning fees, and annexed the grant, sale agreement, receipts and a subdivision plan. He sought to be enjoined as an interested party and, derivatively, that the proceedings and any orders flowing therefrom be set aside. The plaintiffs' response, though said to have been filed, was not on the court file; the 1st to 4th defendants did not oppose and the 5th and 6th defendants did not participate. Applying the Supreme Court's principles in Joo v Mbo, Trusted Society of Human Rights Alliance v Mumo Matemo and Muruatetu, the court held that enjoinment is discretionary and requires a proximate personal interest, demonstrated prejudice from non-joinder, and relevant, non-replicative submissions. The court found the applicant's interest not proximate enough, no demonstrated prejudice, no added relevance, and that enjoinment would occasion superfluous delay. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether the proposed interested party satisfied the Muruatetu threshold for enjoinment

Holding

He did not: his claimed purchaser's interest was not shown to be proximate, prejudice was not demonstrated, and his submissions would not add relevance to the dispute

Reasoning

The court applied the Supreme Court's principles in Muruatetu and JOO v MBO. Although the applicant deponed to purchasing 90 acres from the deceased and settling ADC loan arrears, the court found the interest insufficiently proximate, no demonstrated prejudice from non-joinder, and no added relevance, since the existing parties could resolve the issues. Enjoinment would also delay the matter.

p. 4

Legal principles established

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  • An interested party is one with a stake in the proceedings who will be affected by the court's decision and whose interest will not be well articulated unless he appears
  • Enjoinment as an interested party is discretionary, not as of right, and requires demonstration of a proximate personal interest, prejudice from non-joinder, and the relevance of intended submissions

Court orders

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  1. 1.The notice of motion dated July 13, 2020 seeking enjoinment of Daniel Kirwa Yego as interested party is dismissed
  2. 2.No orders as to costs

Authorities

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Cases cited (3)

  • JOO v MBO; Federation of Women Lawyers (intended interested party); Law Society of Kenya & 3 others (Amici Curiae)
    [2021] eKLR

    Principles for grant or refusal of enjoinment as an interested party

  • Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others
    SC Petition (Application) No 12 of 2013; [2014] eKLR

    Distinction between an interested party's stake and an amicus's fidelity to the law

  • Francis Karioki Muruatetu & another v Republic & 5 others
    SC Petition No 15 as consolidated with SC Petition No 16 of 2013 [2016] eKLR

    Elements an applicant must satisfy to be enjoined as an interested party

Jurisdiction invoked
Inherent jurisdiction of the Environment and Land Court to enjoin interested parties in proceedings before it

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, "Kiriwa & another (Suing as the administratrix of the Estate of the Late Paul Kiriwa) v Meli (Suing as the administratrix of the Estate of Kemeli Mbogo Simeon) & 5 others; Yego (Proposed Interested Party)", Case Analysis (2022). Environment & Land Case 58 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13350/eng@2022-10-04

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