Republic v National Land Commission & another; Njau (Interested Party) (Environment and Land Judicial Review Case 37 of 2018) [2024] KEELC 4661 (KLR)
The bottom line
#A Nairobi court refused to remove a resident from a land case or force him to pay security, confirming interested parties' right to be heard in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether the Interested Party should be struck out under Order 1 Rule 10(2)
The application failed; the Interested Party has an identifiable stake as a resident affected by the outcome and his participation causes the applicant no prejudice.
The court applied the Supreme Court's Muruatetu criteria for interested-party joinder. The Interested Party, a resident and home owner in Kimathi Estate, was directly affected by the judicial review proceedings concerning the estate land. The court had itself enjoined him on 20th November 2018. Adverse findings against him in other suits could not deprive him of the right to be heard in a case in which he was the primary complainant and had participated to judgment stage, and the applicant could counter any issues he raised.
Whether security for costs of Kshs. 10,000,000 should be ordered
Security for costs was refused as there was no demonstrated basis that the Interested Party was vexatious or abusing court process.
The court held that access to justice considerations weigh against ordering security from an enjoined interested party. Security for costs is appropriate only where a litigant is self-evidently vexatious and intent on abusing the process of the court. Since the Interested Party had an identifiable stake and had not filed the case but was joined as a person affected by the outcome, ordering security would be unjust.
Legal principles established
#- The elements for joinder of an interested party are personal interest/stake, prejudice on non-joinder, and a demonstrated relevance of the intended submissions
- Findings in other court cases cannot be used to override a party's right to be heard in a case in which it has participated
Court orders
#- 1.The applicant's application to strike out the Interested Party and for security for costs is dismissed with costs
- Jurisdiction invoked
- Order 1 Rule 10(2) and Order 53 Rule 3(2) of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & another; Njau (Interested Party) (Environment and Land Judicial Review Case 37 of 2018) [2024] KEELC 4661 (KLR)", Case Analysis (2024). Judicial Review Application (amended application dated 1st November 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4661/eng@2024-06-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.