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ELCAllowedEnvironment & Land Case E003 of 2023· [2024] KEELC 7213 (KLR)

Chege v Njoroge (Environment & Land Case E003 of 2023) [2024] KEELC 7213 (KLR)

Environment and Land Court
31 October 2024
AOAntony O. Ombwayo
2,118 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court at Nakuru ruled that the Kenya Forest Service must join an eviction dispute because its adjoining land ownership made it essential to resolving the case.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nakuru (Ombwayo J) on a notice of motion dated 18th July 2024 filed by the 1st Defendant/Applicant seeking the joinder of the Kenya Forest Service as a defendant to an eviction suit. The Applicant, who described himself as a squatter residing at the edge of LR No. 12762 among the Munengi Community Settlement adjacent to Longonot/Kijabe Block 1/22, argued that KFS is the registered proprietor of LR No. 12762 and a necessary party whose ownership documents and official records were crucial to resolving the boundary dispute. The Plaintiff/Respondent opposed, contending the suit concerned trespass and encroachment on his private land, Longonot/Kijabe Block 1/22, and that survey reports had confirmed the encroachment; he submitted the application was a diversionary tactic and an abuse of process and cross-applied for summary judgment. The court framed one principal issue: whether KFS ought to be joined. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the Technomatic principles, the court found the surveyor's report inconclusive on occupation and silent on ownership, which fell for determination on merit. It held KFS met the threshold under grounds 3, 4 and 5, had an identifiable stake, and that no prejudice would befall the Respondent. The court allowed the application, joined KFS as 2nd Defendant with 14 days to plead, granted both parties 14 days to respond, and directed each party to bear its own costs. The Respondent's submissions for summary judgment were not determined in this ruling.

Key legal issues

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01

Whether Kenya Forest Service ought to be joined as a defendant

Holding

The court joined KFS as 2nd Defendant, finding it met the necessary-party threshold under grounds 3, 4 and 5 of the Technomatic principles.

Reasoning

The court found the surveyor's report did not outrightly show the Applicant occupied Longonot/Kijabe Block 1/22 and did not address ownership of either property, which must be determined on merit with both parties heard. Ownership of LR No. 12762 by KFS gave it an identifiable stake, and the Respondent would suffer no prejudice from joinder before the suit is heard.

p. 4

Legal principles established

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  • For joinder of a defendant, the person must be a necessary or proper party, there must be relief flowing from that defendant, the ultimate order or decree cannot be enforced without their presence, and their presence is necessary to enable the court to effectually and completely adjudicate upon and settle all questions in the suit.

Court orders

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  1. 1.The proposed 2nd Defendant (Kenya Forest Service) is joined to this suit as the 2nd Defendant and granted 14 days to file and serve its pleadings together with witness statements and documents
  2. 2.Upon service, the Applicant and Respondent are granted 14 days to file and serve their pleadings, witness statements and documents in response to the 2nd Defendant
  3. 3.Each party to bear its own costs

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 1 Rule 10(2)
  • Civil Procedure Rules, 2010Order 2 Rule 15
  • Civil Procedure Rules, 2010Order 36
  • Civil Procedure ActSection 27

Cases cited (8)

  • Zephir Holdings Ltd V Mimosa Plantations Ltd, Jeremiah Maztagaro and Ezekiel Misango Mutisya
    (2014) eKLR
  • Kingori V Chege & 3 Others
    [2002] 2 KLR
  • Sammy Kanyi Kareithi V Barclays Bank of Kenya & 2 others; Ross Xavier Whithey (Applicant)
    [2021] eKLR
  • David Kiptum Korir V Kenya Commercial Bank & another
    [2021] eKLR
  • Kenya Commercial Bank Ltd V Suntra Investment Bank Ltd
    [2015] eKLR
  • ICDC V Daber Enterprises Ltd
  • Ongenga V Sioka; Wanjala (Intended Defendant)
    [2022] KEELC 12639 (KLR)
  • Technomatic Limited T/A Promopack Company V Kenya Wine Agencies Limited & another
    [2014] eKLR
Jurisdiction invoked
Order 1 Rule 10(2) 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, "Chege v Njoroge (Environment & Land Case E003 of 2023) [2024] KEELC 7213 (KLR)", Case Analysis (2024). Environment & Land Case E003 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7213/eng@2024-10-31

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