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ELCDismissedNot stated in extract· [2024] KEELC 3645 (KLR)

Kariobangi South Land Owners Group & 265 others v Nairobi City County & 5 others; Kariobangi South Juakali Society & another (Interested Parties) (Environment & Land Petition 1337 of 2016) [2024] KEELC 3645 (KLR)

Environment and Land Court (Nairobi)
11 April 2024
MMM.D. Mwangi
1,376 words in judgment
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The bottom line

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Kenya's Environment and Land Court confirmed that an interested party cannot strike out a petition; only the main parties can.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nairobi (M.D. Mwangi, J) determined a notice of motion dated 16th November 2023 filed by the 1st Interested Party, Kariobangi South Juakali Society, seeking to strike out the Petitioners' petition on grounds that the Petitioners were not a duly registered society, had failed to comply with court directions issued on 12th April 2023, that the suit was res judicata given prior proceedings in Nairobi Civil Suit No. 2303 of 1998 and Civil Appeal No. 392 of 2017, and that the petition was an abuse of court process. The Petitioners opposed through a replying affidavit of Sabina Mandera, asserting they were properly before court, had complied with directions, were not parties to the cited prior suits, and that striking out a suit is draconian and reserved for clear cases. The court framed a single issue: whether an interested party can seek to strike out a case. Relying on the Mutunga Rules' definition of an interested party, the Supreme Court's decision in Communications Commission of Kenya v Royal Media Services, Muruatetu, and the Court of Appeal's decision in Trusted Society of Human Rights Alliance v Mumo Matemu, the court held that an interested party is not a principal party to the proceedings and cannot be heard to seek to strike out the suit on grounds of defective pleadings. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether an interested party may apply to strike out a petition

Holding

No. An interested party is not a principal party to the proceedings and cannot seek striking out of the suit; the application lacks merit.

Reasoning

The court adopted the definitions of an interested party in the Mutunga Rules and in Communications Commission of Kenya v Royal Media Services, and the Muruatetu holding that the overriding interest in proceedings is that of the principal parties. Relying on Trusted Society of Human Rights Alliance v Mumo Matemu, it held that a party enjoined as an interested party cannot be heard to seek to strike out the suit on grounds of defective pleadings. Accordingly, the 1st Interested Party's application was dismissed with no orders as to costs.

p. 4

Legal principles established

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  • An interested party cannot seek to strike out a suit on grounds of defective pleadings
  • An interested party may not frame its own fresh issues or introduce new issues for determination

Court orders

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  1. 1.The 1st Interested Party's notice of motion application dated 16th November, 2023 is dismissed
  2. 2.No orders as to costs
Jurisdiction invoked
Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules (Mutunga Rules), Legal Notice No. 117 of 2013

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, "Kariobangi South Land Owners Group & 265 others v Nairobi City County & 5 others; Kariobangi South Juakali Society & another (Interested Parties) (Environment & Land Petition 1337 of 2016) [2024] KEELC 3645 (KLR)", Case Analysis (2024). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3645/eng@2024-04-11

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