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ELCPartially AllowedNot stated in the judgment as provided· [2024] KEELC 1100 (KLR)
Gilbert v District Land Adjudication and Settlement Officer, Igamba Ng’ombe Sub-County & 2 others; Nyaga & another (Interested Parties); Kunga (Intended Interested Party) (Environment and Land Judicial Review Case E003 of 2022) [2024] KEELC 1100 (KLR)
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·~10 min to read original · ~4 min briefThe bottom line
#The Environment and Land Court in Chuka allowed a registered landowner to join judicial review proceedings over land he owns, confirming that affected landowners can join such cases.
What this practically means
#Executive summary
#This was a notice of motion dated 22nd June 2023 by Nicholas Ngece Kunga seeking to be enjoined as an interested party in judicial review proceedings concerning land parcel LR No. Marembo/Rianthiga/264 (approximately 4.08 hectares). The applicant sought joinder under Order 1 Rules 3 and 10(2) and (4) and Order 51 of the Civil Procedure Rules, 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act. He averred that he purchased the suit property from M'nyiri Rinkuri (now deceased), the previous interested party, conducted due diligence, paid the full consideration, took possession, and was registered as proprietor. The ex-parte applicant opposed the application, contending that the applicant's cause of action was breach of contract to which the ex-parte applicant was not privy; that the applicant's title was acquired irregularly and contrary to the Land Adjudication Act, Cap 284 while adjudication proceedings and an appeal before the Minister were pending; and that the certificate of title had been revoked by a court order. Both sides filed written submissions. The court framed one issue: whether the applicant should be joined as an interested party. Relying on Order 1 of the Civil Procedure Rules and the Supreme Court's guidance in Communications Commission of Kenya v Royal Media Services (drawing on Mumo Matemu and Meme v Republic), and on the Skov Estate decision, the court held that the applicant, being the registered proprietor of the suit land, had demonstrated a legitimate interest and a stake in the matter and was a proper party to the judicial review proceedings. The application dated 22nd June 2023 was allowed in terms of prayers 2, 3 and 4, with leave to file pleadings within 14 days of service, and costs of the application were ordered to abide the outcome of the substantive motion.
Key legal issues
#01
Whether the applicant should be joined as an interested party in the judicial review proceedings
Holding
The application for joinder was allowed; the applicant demonstrated a legitimate interest in the suit land as its registered proprietor
Reasoning
The court applied the tests in Order 1 of the Civil Procedure Rules and the Supreme Court's guidance in Communications Commission of Kenya v Royal Media Services and Muruatetu. The applicant pleaded that any determination in the suit would directly affect him and holds a title to the suit land, giving him a stake in the matter. Joinder may be done at any stage and would not occasion prejudice since the suit was at a preliminary stage.
p. 5
Legal principles established
#- An interested party is one who has a stake in the proceedings and will be affected by the decision of the court either way
- The determining factor in joinder of parties is that a common question of fact or law would arise between the existing and intended parties
Court orders
#- 1.The Applicant/Intended Interested Party is enjoined as an interested party in the suit
- 2.The Ex-parte Applicant to serve the Applicant/Interested Party with all court processes
- 3.The Applicant/Interested Party granted leave to file his pleadings, to be filed within 14 days of service by the Ex-parte Applicant
- 4.Costs of the application to abide the outcome of the substantive motion
- Jurisdiction invoked
- Order 1 Rules 3, 10(2) and (4), Order 51 of the Civil Procedure Rules, 2010; Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gilbert v District Land Adjudication and Settlement Officer, Igamba Ng’ombe Sub-County & 2 others; Nyaga & another (Interested Parties); Kunga (Intended Interested Party) (Environment and Land Judicial Review Case E003 of 2022) [2024] KEELC 1100 (KLR)", Case Analysis (2024). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1100/eng@2024-02-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.