Kariuki v Nairobi & 5 others; Parkion & 3 others (Interested Parties); Leeyio & 2 others (Proposed Interested Parties)
The bottom line
#Kenya's Environment and Land Court allowed three parties with land interests to join a case but refused to strike out the suit, saying that decision must wait for trial.
What this practically means
#Executive summary
#Key legal issues
#Joinder of interested parties
The three proposed interested parties were joined because they have an interest in the suit properties and their presence will enable the court to effectually and completely adjudicate on all issues.
Applying the Muruatetu elements (identifiable proximate stake, demonstrated prejudice, relevance of submissions) and the CCK v Royal Media Services criteria, the court found the proposed parties have interests in the suit properties. Their joinder aids complete adjudication and avoids proliferated litigation. Joinder is discretionary, not as of right, but the threshold of an identifiable legal interest was met.
Striking out for subjudice
The application to strike out the suit as subjudice in view of Kajiado ELC No 776 of 2017 was declined at this stage.
The court noted the newly joined interested parties had not yet filed responses to the motion, and that striking out is a draconian remedy. Relying on DT Dobie v Muchina, the court declined to express opinions on merits, reserving the subjudice question for final determination.
Legal principles established
#- A person with an interest in the subject matter of proceedings, who will be affected by the decision whichever way it goes, qualifies to be joined as an interested party.
- The power to strike out pleadings must be exercised cautiously, without embarking on the merits.
Court orders
#- 1.Angela Nkateto Leeyio joined as 5th Interested party, Ndatani Enterprises Limited as 6th Interested party and Kenya Railways Corporation as 7th Interested party.
- 2.The 5th to 7th Interested parties granted 14 days to file their responses to the motion.
- 3.Each party to bear own costs of the applications.
- Jurisdiction invoked
- Judicial review jurisdiction of the Environment and Land Court (Article 162(2)(b) and 165(2) Constitution; Fair Administrative Action Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kariuki v Nairobi & 5 others; Parkion & 3 others (Interested Parties); Leeyio & 2 others (Proposed Interested Parties)", Case Analysis (2023). Judicial Review Application E003 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16226/eng@2023-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.