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ELCDismissedSuit dated 25th September 2024 (number not stated in judgment)· [2025] KEELC 7797 (KLR)

Njoroge & 26 others v County Government of Nakuru & another (Land Case E042 of 2024) (Environment and Land) [2025] KEELC 7797 (KLR)

Environment and Land Court
13 November 2025
3,025 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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The 2nd Defendant, the National Government Constituency Development Fund (NG-CDF) Committee for Gilgil, chaired by Peter Chege Njoroge, applied by Notice of Motion dated 3rd April 2025 under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 1 Rule 10(2) of the Civil Procedure Rules to be struck out of a suit by traders at Karunga Market, Gilgil, for lack of a reasonable cause of action. It argued that market construction and development fell within the mandate of the 1st Defendant, the County Government of Nakuru, and that it neither allotted markets nor collected rent or rates. The Plaintiffs opposed, contending that the Committee bore constitutional and statutory duties to facilitate public participation under Article 10(2)(a) of the Constitution and fiduciary oversight of public funds under Article 206(2)(c) and the NG-CDF Act, and that striking it out would prematurely shut out their grievance. The 1st Defendant did not participate. Justice M.C. Oundo set out the tests for necessary parties from Order 1 Rule 10(2), Pravin Bowry v John Ward (adopting Deported Asians Custodian Board v Jafier Brothers Ltd) and Werrot and Company Ltd v Andrew Douglas Gregory. He found the plaintiffs had established a strong link between the Committee and the project, both through the public participation mandate and its fiduciary role over the public funds funding the market, such that removal would leave the core accountability issues unresolved. The application dated 3rd April 2025 was dismissed with costs on 13th November 2025.

Key legal issues

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01

Whether the NG-CDF Committee is a necessary party to the suit challenging the Karunga Market project

Holding

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

Reasoning

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.

p. 7
02

Whether the plaint discloses no reasonable cause of action against the 2nd Defendant

Holding

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

Reasoning

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.

p. 4

Legal principles established

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  • 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

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  1. 1.The Notice of Motion application dated 3rd April 2025 seeking the striking out of the 2nd Defendant from the suit is dismissed
  2. 2.The 2nd Defendant/Applicant shall pay the costs of the application

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Civil Procedure Rules, 2010Order 1 Rule 9; Order 1 Rule 10(2); Order 2 Rule 15(1); Order 51
  • Constitution of KenyaArticle 10(2)(a); Article 206(2)(c); Fourth Schedule Part 2
  • County Government ActSection 5
  • National Government Constituency Development Fund Act, 2023Section 3
  • National Government Constituency Development Fund Regulations, 2016Section 11; Section 15
  • Public Finance Management Act, 2012Not specified

Cases cited (8)

  • Civicon Limited v Kivuwatt Limited and 2 Others
    [2015] eKLR
  • DT Dobie & Company (Kenya) Ltd v Muchina
    [1982] KLR 1
  • Drummon-Jackson v British Medical Association
    (1970) 1 WLR 688
  • Yaya Towers Ltd v Trade Bank Ltd (in liquidation)
    [2000] eKLR
  • Pravin Bowry v John Ward & another
    [2015] eKLR
  • Deported Asians Custodian Board v Jafier Brothers Ltd
    [1999] 1 E.A. 55 (SCU)
  • Werrot and Company Ltd & Others v Andrew Douglas Gregory & Others
    [1998] eKLR
  • British American Tobacco Kenya PLC v Cabinet Secretary for Ministry of Health & Others
    [2019] eKLR
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

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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, "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.