Lucy Wanjiru Kariuki v County Assembly of Nakuru & 2 others; County Government of Nakuru (Interested Party) [2019] KEELRC 370 (KLR)
The bottom line
#Kenya's Employment Court in Nakuru ruled that an institution affected by a case outcome can join it as an interested party, even without relief sought.
What this practically means
#Executive summary
#Key legal issues
#Criteria for joinder of an interested party
The application for joinder is tested against the party's stake and relevance and any prejudice from denial of joinder; the court found the County Government's interest genuine since the petition's outcome would affect the running of the County Government headed by the 3rd respondent.
The court adopted the Supreme Court's definition in Trusted Society of Human Rights Alliance v Mumo Matemu and the Court of Appeal's formulation in Elizabeth Nyambura Njuguna, as well as the Meme v Republic grounds for joinder and the Joseph Njau Kingori guiding principles. It reasoned that the decision on the petitioner's employment would affect the entire County Government, whose defined executive organ should properly be before the court to avoid being condemned unheard, and that joinder would cause no prejudice to the respondents.
Whether the County Government is an amorphous party distinct from the 3rd respondent
The court accepted that the County Government has distinct parts and that its actions or inactions must be properly addressed on behalf of the County Government, though the 1st and 2nd respondents argued the Governor already represented the executive.
Reading Article 176, the court found the County Government may decentralise its functions under the County Government Act. While respondents argued the 3rd respondent as chief executive already represented the executive, the court held the intended interested party's role in the petitioner's employment made its presence necessary for complete adjudication, enjoining it as interested party rather than as a respondent since no relief was sought from it.
Legal principles established
#- An interested party is one with a stake in the proceedings who will be affected by the decision of the court when made.
Court orders
#- 1.The County Government of Nakuru is enjoined as an interested party in the petition
- 2.Leave to file pleadings, affidavits and other necessary documents in response to the petition and application is implied by enjoinment
- 3.Costs shall be in the petition
- Jurisdiction invoked
- Rule 7(1) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013; Articles 176 and 179 of the Constitution, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mkongo v County Assembly of Taita Taveta & 2 others (Petition E001 of 2024) [2024] KEELRC 1568 (KLR)[2024] KEELRC 1568 (KLR)13 Jun 2024
Cite this brief
#Cite this brief
Caselaw, "Lucy Wanjiru Kariuki v County Assembly of Nakuru & 2 others; County Government of Nakuru (Interested Party) [2019] KEELRC 370 (KLR)", Case Analysis (2019). Petition (ELRC, Nakuru) – number not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/370/eng@2019-10-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.