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ELCPartially AllowedNotice of Motion dated 29th April 2025 (Petition)· [2025] KEELC 6595 (KLR)

Golden Fields Association (Through its Members) & 36 others v County Government of Kajiado & 4 others (Constitutional Petition E001 of 2024) [2025] KEELC 6595 (KLR)

Environment and Land Court
30 September 2025
MMM.D. Mwangi
1,232 words in judgment
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The bottom line

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Kenya's High Court standards for joining interested parties apply in land and environment courts too, and statutory bodies with clear public mandates can join constitutional cases.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Kajiado (M.D. Mwangi, J) determined a Notice of Motion dated 29th April 2025 by the Law Society of Kenya, an intended interested party, seeking joinder into a pending Petition raising constitutional issues touching on land rights, environmental justice, public participation and administrative action. The application was brought under Articles 22, 23, 159 and 258 of the Constitution and Rules 7 and 24 of the Mutunga Rules. The LSK, through a supporting affidavit of Florence Muturi, asserted a statutory mandate under the Law Society of Kenya Act to assist the courts, uphold the Constitution and advance the rule of law, and undertook not to usurp the parties' roles. The 3rd Respondent opposed, contending the LSK had not demonstrated a stake in the proceedings and should instead be admitted as amicus curiae. The court framed a single issue: whether the applicant had satisfied the legal threshold for the orders sought. Applying Rule 7, Rule 2 and the Supreme Court's tests in Muruatetu and Trusted Society of Human Rights Alliance, the court held that the LSK's statutory objects conferred a legitimate and identifiable professional and public interest, and that joinder would materially assist the court and further access to justice. The court enjoined the LSK as an interested party, granted it 21 days to file documents and submissions, and made no orders as to costs.

Key legal issues

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01

Whether the Law Society of Kenya satisfied the threshold for joinder as an interested party under Rule 7 of the Mutunga Rules

Holding

The threshold was met: the LSK has a direct and proximate professional and public interest in proceedings raising constitutional questions, aligned with its statutory objects

Reasoning

Rule 7 confers power to join interested parties; Rule 2 defines an interested party as one with an identifiable stake. The Muruatetu three-element test was applied. The LSK's statutory mandate under Section 4 of the Law Society of Kenya Act to assist the courts and uphold the Constitution establishes an identifiable, proximate interest. Joinder was found to materially assist the court and further the overriding objectives of access to justice and expeditious disposal, without prejudicing the parties.

p. 4

Legal principles established

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  • An interested party must have a clearly identifiable, proximate personal interest or stake; must demonstrate clearly the prejudice of non-joinder; and must set out the case or submissions they intend to make
  • An interested party is one who has a stake in the proceedings and would be affected by the decision of the court either way
  • A statutory body whose statutory objects include assisting the courts and upholding the Constitution has a legitimate and identifiable professional and public interest justifying joinder

Court orders

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  1. 1.The Law Society of Kenya is enjoined as an Interested Party in these proceedings
  2. 2.The Law Society of Kenya is granted leave to file and serve such documents, submissions and materials as it may deem necessary within twenty-one (21) days from the date of the ruling
  3. 3.No orders as to costs
Jurisdiction invoked
Articles 22, 23, 159 and 258 of the Constitution of Kenya; Rules 7 and 24 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013

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, "Golden Fields Association (Through its Members) & 36 others v County Government of Kajiado & 4 others (Constitutional Petition E001 of 2024) [2025] KEELC 6595 (KLR)", Case Analysis (2025). Notice of Motion dated 29th April 2025 (Petition). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6595/eng@2025-09-30

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