Kinyanjui & 2 others v Kamau & 2 others; Javisapa Enterprises Limited (Interested Party) (Environment & Land Case E060 of 2022) [2024] KEELC 5997 (KLR)
The bottom line
#A Kenyan land court refused to remove a party who had earlier insisted on joining the case, ruling she must stay until the dispute is fully heard.
What this practically means
#Executive summary
#Key legal issues
#Whether the Interested Party should be struck out from the proceedings under Order 1 Rule 10 of the Civil Procedure Rules
The application was dismissed; the Interested Party, having voluntarily sought joinder and filed a defence, remains a party until determination of the suit on merit
The court noted the Interested Party itself sought joinder via a Notice of Motion dated 5th November 2022, which was allowed, then filed a Statement of Defence raising pertinent issues. It later sought to be struck off claiming the court lacked jurisdiction, despite entering consents in related High Court matters during the pendency of the suit. The court found an element of bad faith, held that the dispute over proprietary interest in and title to land falls squarely within its jurisdiction under Section 13 of the ELC Act, and found the application an abuse of process.
Whether the ELC has jurisdiction over the dispute
The court holds that the dispute over proprietary interest and title to land falls within its jurisdiction under Section 13 of the Environment and Land Court Act
The Interested Party contended the court lacked jurisdiction and could not supervise orders of the High Court, relying on several decisions. The court rejected this, noting that the fulcrum of the dispute revolves around proprietary interest including title to land, which falls squarely within the ambit of Section 13 of the Environment and Land Court Act, and that issues of fraud touching on the suit land also need to be dealt with by the court.
Legal principles established
#- A party who voluntarily sought joinder insisting it was a necessary party can only be discharged from the suit after the court has heard and determined the matter on merit
Court orders
#- 1.The Chamber Summons Application dated 15th March 2024 is dismissed
- 2.Costs of the application awarded to the plaintiff
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act; Sections 3A and 3B of the Civil Procedure Act and Order 1 Rule 14 (and Order 1 Rule 10(1) and (2)) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kinyanjui & 2 others v Kamau & 2 others; Javisapa Enterprises Limited (Interested Party) (Environment & Land Case E060 of 2022) [2024] KEELC 5997 (KLR)", Case Analysis (2024). Chamber Summons Application dated 15th March 2024 (within the principal suit, Machakos ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5997/eng@2024-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.