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ELCPartially AllowedNot stated in the judgment (Petition concerning LR No. 527 Njoro)· [2024] KEELC 3976 (KLR)

Kesendany v County Government of Nakuru & 6 others; Langat & 145 others (Intended Interested Party) (Environment & Land Petition 003 of 2024) [2024] KEELC 3976 (KLR)

Environment and Land Court
3 May 2024
AOA.O. Ombwayo
982 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The Environment and Land Court at Nakuru (A.O. Ombwayo, J) ruled on two joinder applications in a petition concerning parcel LR No. 527 Njoro. The first, dated December 18, 2023, was by Moses Owino Odhiambo t/a Mosem Enterprises, who claimed the property was allocated to him in 2012 by the Commissioner of Lands, that he paid the requisite fees, took possession, and had disputes with trespassers said to be employees of the 2nd Respondent. The second, dated January 30, 2024, was by Richard Kipngeno Langat and 145 others who claimed their fathers were employees of Lord Egerton, that they had been in actual possession, had registered Mosem Enterprises to safeguard their interests, contributed to survey fees and developed the land; they also sought a temporary injunction restraining sale or interference with the 640.63-hectare parcel. The Petitioner opposed, describing the Applicants as interlopers without sufficient interest, asserting the suit was public interest litigation, and noting the land was alienated and registered in the name of Egerton University, rendering an allotment letter subservient to the title. No submissions were filed. The court framed one issue: whether the intended interested parties ought to be joined. Examining the allotment letter and certificate of registration, it found the 1st intended interested party had an identifiable stake and joined him, with 14 days to file pleadings; the Respondents were given 14 days to reply. The second application was dismissed for want of evidence of interest, and each party was ordered to bear its own costs.

Key legal issues

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01

Whether Moses Owino Odhiambo t/a Mosem Enterprises should be joined as an interested party

Holding

Joined, having an identifiable stake evidenced by an allotment letter over the suit property and proof of payment

Reasoning

The court examined the allotment letter dated June 12, 2012 issued to the business and the certificate of registration of business name, finding both referred to LR No. 527 Njoro, with evidence of payment of requisite fees. This established a sufficient, identifiable stake in the suit property to warrant joinder, with leave to file pleadings.

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02

Whether the 146 intended interested parties led by Richard Kipngeno Langat should be joined and granted an injunction

Holding

Application dismissed for lack of evidence of interest

Reasoning

Despite claiming possession as descendants of Lord Egerton's employees and contributions towards survey fees, the Applicants produced no evidence establishing an interest in the suit property. Mere assertions of possession and development, without documentary proof, did not satisfy the requirement of a demonstrable stake justifying joinder.

p. 3

Legal principles established

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  • A party seeking joinder as an interested party must demonstrate an identifiable stake or interest in the subject matter of the suit.

Court orders

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  1. 1.The Intended interested party in the application dated December 18, 2023 is joined to this suit as an interested party and granted 14 days to file and serve his pleadings together with witness statements and documents.
  2. 2.Upon service, the Petitioner and Respondents are granted 14 days to file and serve their pleadings, witness statements and documents in response to the interested party's pleadings.
  3. 3.The application dated 30th January, 2024 is hereby dismissed.
  4. 4.Each party to bear its own costs.
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over the petition concerning LR No. 527 Njoro; specific constitutional/statutory provision not stated

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, "Kesendany v County Government of Nakuru & 6 others; Langat & 145 others (Intended Interested Party) (Environment & Land Petition 003 of 2024) [2024] KEELC 3976 (KLR)", Case Analysis (2024). Not stated in the judgment (Petition concerning LR No. 527 Njoro). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3976/eng@2024-05-03

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