Njoroge & 26 others v County Government of Nakuru & another (Land Case E042 of 2024) (Environment and Land) [2025] KEELC 7797 (KLR)
The bottom line
#The court refused to remove the NG-CDF Committee from a lawsuit over Karunga Market, keeping it accountable for public participation and public funds.
What this practically means
#Executive summary
#Key legal issues
#Whether the NG-CDF Committee is a necessary party to the suit challenging the Karunga Market project
The Committee is a necessary party because the plaintiffs' claim of illegal construction rests primarily on the Committee's alleged failure to facilitate public participation and its fiduciary role over public funds
The court found the plaintiffs linked the Committee to the project through Article 10(2)(a) of the Constitution (public participation duty) and Article 206(2)(c) and the NG-CDF Act (oversight of withdrawal and expenditure of public funds). Since the relief sought is a declaration that the construction decision is null and void on grounds of breach of public participation and prudent management duties, the entity accountable for the funds must be before the court for complete adjudication.
Whether the plaint discloses no reasonable cause of action against the 2nd Defendant
A cause of action was disclosed based on the alleged breach of constitutional and statutory duties, and striking out at the interlocutory stage would prematurely shut out the plaintiffs' grievance
Applying the DT Dobie test and the caution in Civicon v Kivuwatt, the court held that at this stage the plaintiffs need only show a legally cognizable claim in the pleadings, not prove it. The pleaded breaches of the public participation and fiduciary duties raised triable issues properly resolved at trial.
Legal principles established
#- A party whose presence in a suit cannot help the court determine the subject matter is an unnecessary party and should be struck out; conversely, any party reasonably affected by pending litigation is a necessary and proper party and should be joined
- For a person to be joined as a necessary party, it must be shown either that the orders sought would legally affect that person's interests, or that a defendant cannot effectually set up a defence unless that person is joined
Court orders
#- 1.The Notice of Motion application dated 3rd April 2025 seeking the striking out of the 2nd Defendant from the suit is dismissed
- 2.The 2nd Defendant/Applicant shall pay the costs of the application
- Jurisdiction invoked
- Sections 1A, 1B, 3A of the Civil Procedure Act, Cap 21; Order 1 Rule 10(2) and Order 51 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njoroge & 26 others v County Government of Nakuru & another (Land Case E042 of 2024) (Environment and Land) [2025] KEELC 7797 (KLR)", Case Analysis (2025). Suit dated 25th September 2024 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7797/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.