Okoiti v Attorney General; Njenga (Intended Interested Party) [2020] KEELRC 339 (KLR)
The bottom line
#A Kenyan court allowed an advocate to join a judges' appointment case as an interested party because his related lawsuit gave him a real stake.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant met the threshold for joinder as an interested party
The Court found that the applicant, being the petitioner in the related, still-alive High Court Petition 369 of 2019 which raises substantially similar issues, has a discernible stake and interest in the present petition.
The Court noted no affidavits were filed to deny the material facts in the supporting affidavit. It found the petitioner's own pleadings referred to Petition 369 of 2019 and to the 41 judges recommended for appointment, an issue similarly in issue in that petition. The applicant's presence was thus necessary for efficient, effective and complete determination, and to prevent proliferated litigation.
Whether the public interest nature of the petition supports enjoinment
The public interest nature of the petition, which was not denied, reinforced the applicant's joinder, consistent with the Supreme Court's approach in Muruatetu.
The Court invoked the Mutunga Rules definition of an interested party and the Supreme Court's decision in Francis Karioki Muruatetu, where parties were enjoined in view of the unique and public interest nature of the matter. It applied section 3 of the Employment and Labour Relations Court Act, 2011 on just, expeditious and proportionate resolution.
Legal principles established
#- An interested party is a person or entity that has an identifiable stake or legal interest or duty in the proceedings before the Court but is not a party to the proceedings or may not be directly involved in the litigation.
- Joinder may be necessary where the Court seeks to prevent proliferated litigation arising from substantially similar issues.
Court orders
#- 1.The application by notice of motion dated 13.07.2020 is allowed
- 2.The applicant Adrian Kamotho Njenga Advocate is granted leave to be enjoined in the present petition as an interested party
- 3.The petitioner and the respondent to serve their respective papers on record upon the applicant within 7 days
- 4.Each party to bear own costs of the application
- Jurisdiction invoked
- Articles 22, 23, 27, 47, 48, 162(2)(a), 165 and 258 of the Constitution of Kenya; sections 1A and 1B of the Civil Procedure Act; section 3 of the Employment and Labour Relations Court Act, 2011; Mutunga Rules Rules 2 and 7
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Okoiti v Attorney General; Njenga (Intended Interested Party) [2020] KEELRC 339 (KLR)", Case Analysis (2020). Notice of motion dated 13.07.2020 in Petition dated 24th June 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2020/339/eng@2020-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.