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ELCDismissedThika ELC (suit number not stated in judgment)· [2024] KEELC 5823 (KLR)

Maina & 2 others v Ndichu & another; County Government of Kiambu (Applicant) (Environment & Land Case 69 of 2020) [2024] KEELC 5823 (KLR)

Environment and Land Court
22 July 2024
BEB M Eboso
1,103 words in judgment
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The bottom line

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Kenya's Environment and Land Court ruled a county government cannot join a concluded land case post-judgment unless orders directly affect it.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Thika (B M Eboso, J) disposed of a post-judgment application dated 9/2/2024 by the County Government of Kiambu in a land suit concerning parcel Thika Municipality Block 9/1109. Judgment had been rendered in September 2022 in favour of the plaintiffs, declaring them owners, issuing a permanent injunction against the defendants, ordering eviction and awarding costs; a stay application had already been refused by a ruling of 23/3/2023. The County Government sought post-judgment joinder and review/setting aside of the judgment, contending the suit property is public land vested in it under Article 62(2) of the Constitution and held in trust for the community, and that its exclusion (with the National Land Commission) denied it the chance to tender evidence. The plaintiffs opposed, arguing abuse of process since the applicant was a defendant in Thika CMC Civil Case No 694 of 2009 where title was adjudicated, and that the applicant had earlier described the land as a road truncation. The court framed a single question: whether the application met the threshold for post-judgment joinder. Applying Merry Beach Limited v Attorney General & 18 Others [2018] eKLR, it held such joinder is exceptional, proper where adverse orders affect a party who was neither notified nor heard. Finding no order directed at the County Government and noting it may bring independent proceedings to challenge the title, the court rejected the application with costs to the applicant.

Key legal issues

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Whether joinder post-judgment was justified for the County Government of Kiambu

Holding

The application was rejected because no order in the suit was directed against the County Government, which retains the option of independent proceedings to challenge the plaintiffs' title

Reasoning

The court restated that joinder after judgment is exceptional, permissible where adverse orders were made against a party neither notified nor heard. Since the gravamen of the plaintiffs' claim was trespass by the defendants, and none of the orders issued touched the County Government, the exceptional threshold was not met. The plaintiffs' argument based on Thika CMC Civil Case No 694 of 2009 failed because the parcel numbers in that decree differed and the discrepancy was unexplained.

p. 3

Legal principles established

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  • Jurisdiction to join a party to a case post-judgment is exercised only in exceptional and justifiable circumstances, such as where adverse orders issue against a party who was neither given notice of the case nor heard

Court orders

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  1. 1.The application dated 9/2/2024 is rejected for lack of merit
  2. 2.The applicant shall bear costs of the application

Authorities

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Legislation

  • Constitution of Kenya, 2010Article 62(2)

Cases cited (1)

  • Merry Beach Limited v Attorney General & 18 Others
    [2018] eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over a post-judgment application for joinder, review and setting aside of judgment

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, "Maina & 2 others v Ndichu & another; County Government of Kiambu (Applicant) (Environment & Land Case 69 of 2020) [2024] KEELC 5823 (KLR)", Case Analysis (2024). Thika ELC (suit number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5823/eng@2024-07-22

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