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ELCDismissedNot stated in judgment (Judicial Review application ex parte Nakuru War Memorial Hospital Limited)· [2024] KEELC 4782 (KLR)

Republic v Land Registrar, Nakuru District & another; Nakuru War Memorial Hospital Ltd (Exparte Applicant); County Government of Nakuru (Proposed Interested Party) (Environment and Land Judicial Review Case 1 of 2024) [2024] KEELC 4782 (KLR)

Environment and Land Court
13 June 2024
2,128 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to let the Nakuru County Government join a hospital's land dispute, ruling it had no direct stake in the case.

What this practically means

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Executive summary

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This is a ruling by Y. M. Angima, J, of the Environment and Land Court at Nyandarua, delivered on 13 June 2024, on an application by the County Government of Nakuru for leave to be joined as an interested party in a judicial review application brought by Nakuru War Memorial Hospital Limited. The Applicant, registered proprietor of Nakuru Municipality Block 11/107, challenged a Gazette Notice No. 6309 of 19 May 2023 by which the Chief Land Registrar purported to cancel its certificate of lease as erroneously issued, seeking certiorari and prohibition. It argued the cancellation breached Article 47 and the rules of natural justice and that the Registrar lacked power to revoke a title. The County Government sought joinder, contending it was custodian of the suit property after the Applicant's lease expired in 2019 and that the extension was fraudulently obtained; health being a devolved function under the Fourth Schedule, it had an obligation to protect public land. The Applicant opposed, arguing no stake was demonstrated, the Registrar alone issued the notice, ownership disputes belonged in the pending suit Nakuru ELC No. 36 of 2023, and the joinder was a delaying tactic. Applying Muruatetu, Trusted Society of Human Rights Alliance and Joseph Njau Kingori, the court held the intended Interested Party had no identifiable, proximate stake, would not be bound by any decision, would suffer no prejudice, and could litigate ownership in the pending suit. The notice of motion dated 02 November 2023 was dismissed with costs to the Applicant, borne by the County Government of Nakuru.

Key legal issues

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01

Whether the intended Interested Party made out a case for joinder in the judicial review proceedings

Holding

The application for joinder was dismissed; the intended Interested Party has no identifiable stake in the judicial review, which challenges only the Gazette Notice cancelling the Applicant's certificate of lease, and ownership questions are for the pending civil suit.

Reasoning

Applying Muruatetu, an interested party must show a proximate personal stake, prejudice on non-joinder and the case it intends to make. The court found the intended Interested Party not involved in the impugned cancellation, no adverse order sought against it, and any decision would bind only the Applicant and Respondents. The ownership dispute can be fully ventilated in the pending suit Nakuru ELC No. 36 of 2023, so no prejudice arises from non-joinder.

p. 5
02

Costs of the joinder application

Holding

Costs were awarded to the Applicant against the intended Interested Party, costs following the event under Section 27 of the Civil Procedure Act.

Reasoning

The court applied the general rule in Hussein Janmohamed & Sons v Twentsche Overseas Trading Co. Ltd that a successful party should ordinarily be awarded costs unless the court for good reason directs otherwise. No reason to depart from the rule was found, so the County Government of Nakuru was ordered to bear the Applicant's costs.

p. 5

Legal principles established

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  • An interested party must demonstrate a personal interest or stake clearly identifiable and proximate enough to stand apart from anything merely peripheral, prejudice on non-joinder, and the case it intends to make which is not a mere replication of other parties' submissions.
  • In judicial review proceedings, a decision of the court can only bind the Respondents and the Applicant; a party not involved in the impugned decision and against whom no adverse order is sought has no stake warranting joinder.
  • Costs follow the event under the proviso to Section 27 of the Civil Procedure Act unless the court, for good reason, directs otherwise.

Court orders

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  1. 1.The notice of motion dated 02.11.2023 be and is hereby dismissed.
  2. 2.The Applicant is hereby awarded costs of the application to be borne by the County Government of Nakuru.

Authorities

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Legislation

  • Law Reform ActSections 8 & 9
  • Civil Procedure Rules 2010Order 53 Rules 3(1) and (3)
  • Constitution of KenyaArticle 47
  • Constitution of KenyaArticle 62
  • Constitution of KenyaFourth Schedule
  • Civil Procedure ActSections 1A & 3A
  • Civil Procedure ActSection 27
  • Civil Procedure Rules, 2010Order 1 rule 10(2) & Order 51 rules 3 & 4

Cases cited (4)

  • Francis Karioko Muruatetu & Another -vs- Republic & 5 Others
    [2016] eKLR
  • Trusted Society of Human Rights Alliance -vs- Mumo Matemu & 5 Others
    [2014] eKLR
  • Joseph Njau Kingori -vs- Robert Maina Chege & 3 Others
    [2002] eKLR
  • Hussein Janmohamed & Sons –vs- Twentsche Overseas Trading Co. Ltd
    [1967] EA 287
Jurisdiction invoked
Sections 8 & 9 of the Law Reform Act (Cap. 26) and Order 53 Rules 3(1) and (3) of the Civil Procedure Rules 2010

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, "Republic v Land Registrar, Nakuru District & another; Nakuru War Memorial Hospital Ltd (Exparte Applicant); County Government of Nakuru (Proposed Interested Party) (Environment and Land Judicial Review Case 1 of 2024) [2024] KEELC 4782 (KLR)", Case Analysis (2024). Not stated in judgment (Judicial Review application ex parte Nakuru War Memorial Hospital Limited). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4782/eng@2024-06-13

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