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ELCAllowedJudicial Review proceedings re Notice of Motion dated 1st July 2024 (JR application filed under leave granted; underlying Notice of Motion dated 11th April 2019)· [2025] KEELC 934 (KLR)
Republic v National Land Commission & 2 others; Chege t/a Smart Choice Electronic Company (Exparte Applicant); Water and Sewerage Company Ltd (Proposed Interested Party) (Environment and Land Judicial Review Case 7 of 2019) [2025] KEELC 934 (KLR)
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·~9 min to read original · ~4 min briefThe bottom line
#Kenya's High Court set aside a land judgment so a water company that was never heard could finally join the case.
What this practically means
#Executive summary
#By Notice of Motion dated 1st July 2024, Thika Water & Sewerage Company Limited sought leave to be enjoined as an interested party in judicial review proceedings in which Gacheru J had, on 15th June 2020, quashed a Gazette Notice of 15th February 2019 by which the National Land Commission reversed an earlier recommendation and revoked the Ex-parte Applicant's titles to land parcels in Thika Municipality. The company, in whose favour the revoked decision had vested the suit land, was neither a party to nor heard in the judicial review suit, and the resulting decree had been executed, lifting restrictions registered against the properties. The Ex-parte Applicant opposed the application by preliminary objection and replying affidavit, arguing that the court was functus officio, that post-judgment joinder requires exceptional circumstances, and that the applicant's interest had not crystallized when the suit was filed. Onyango J framed a single issue: whether the Proposed Interested Party met the threshold for post-judgment joinder. Relying on the Court of Appeal's decision in Merry Beach Limited v Attorney General, the court held that joinder post-judgment is permitted in exceptional circumstances, notably where adverse orders issue against a party who was neither given notice of the suit nor heard. Finding the company a necessary party since the impugned decision vested public land in it, the court allowed the application, set aside the 2020 judgment, joined the interested party, directed it to file pleadings within 21 days, and ordered costs in the cause.
Key legal issues
#01
Whether the court may enjoin an interested party after judgment has been delivered
Holding
Yes, in exceptional and justifiable circumstances; here the applicant was not heard although the judgment directly affected its vested interest in the suit land.
Reasoning
The court applied the Court of Appeal's guidance in Merry Beach Limited that post-judgment joinder is permissible where adverse orders issue against a party never given notice or heard. The National Land Commission's decision vested the suit land in the Proposed Interested Party, yet the Ex-parte Applicant omitted it from the judicial review suit, which was decided in its absence. The order enjoining it necessarily set aside the judgment to afford it a hearing.
p. 5
Legal principles established
#- A court can join a party to a case post-judgment only in exceptional and justifiable circumstances, one being where adverse orders were issued against a party who was neither given notice of the suit nor heard.
- A party in whose favour a statutory decision vested land, and whose decision was directly annulled in judicial review proceedings, is a necessary party to those proceedings.
Court orders
#- 1.The judgment delivered by this court on 20th June 2020 is hereby set aside
- 2.The Interested party is hereby joined to the suit
- 3.The Interested party shall file its pleadings within 21 days
- 4.Costs shall be in the cause
- Jurisdiction invoked
- Inherent jurisdiction under sections 1A and 3A of the Civil Procedure Act as read with Order 51 and Order 53 Rule 3(2) of the Civil Procedure Rules (judicial review proceedings under Order 53)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v National Land Commission & 2 others; Chege t/a Smart Choice Electronic Company (Exparte Applicant); Water and Sewerage Company Ltd (Proposed Interested Party) (Environment and Land Judicial Review Case 7 of 2019) [2025] KEELC 934 (KLR)", Case Analysis (2025). Judicial Review proceedings re Notice of Motion dated 1st July 2024 (JR application filed under leave granted; underlying Notice of Motion dated 11th April 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/934/eng@2025-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.