Ethics & Anti-Corruption Commission v Facta Costruction Co. Ltd & 17 others; Gichaba & 20 others (Interested Parties)

WILSON GACANJA ...................................................................... 17TH DEFENDANT SAMMY K. MWAITA .................................................................... 18TH DEFENDANT AND PETERSON GICHABA ........................................................... INTERESTED PARTY DOUGLAS KAROKI ............................................................... INTERESTED PARTY SAMUEL OMBIRO .................................................................. INTERESTED PARTY SALOME ORORA .................................................................... INTERESTED PARTY RUTH WAMBUI ...................................................................... INTERESTED PARTY ABDALA YUSUF ...................................................................... INTERESTED PARTY OBED KEMEI ........................................................................... INTERESTED PARTY HUSSEIN E. SARANA ............................................................ INTERESTED PARTY CHRISTOPHER MISISRE ...................................................... INTERESTED PARTY JOHN WAINAINA .................................................................. INTERESTED PARTY ELIJAH GESUSU ...................................................................... INTERESTED PARTY P.A.G CHURCH ....................................................................... INTERESTED PARTY RADION NTABO .................................................................... INTERESTED PARTY PAUL N. MICHIRA ................................................................. INTERESTED PARTY JONEA N. OGOCHI ................................................................ INTERESTED PARTY AMINA OMAR ........................................................................ INTERESTED PARTY MARY NGENDO ..................................................................... INTERESTED PARTY JACKLINE IMIJA .................................................................... INTERESTED PARTY ADEN MOHAMED ................................................................. INTERESTED PARTY PAUL MONGARE .................................................................... INTERESTED PARTY CHARLES A. INDECHE ......................................................... INTERESTED PARTY RULING 1. This is a ruling in respect of a Notice of Motion dated 12th April, 2021 in which twenty-one proposed interested parties are seeking to be joined in this consolidated suit on the ground that they purchased various portions from the 15th Defendant. They purchased their portions from LR No. Eldoret/ Municipality Block 15/1819. They are also seeking for leave to le a response in this case by ling an adavit. 2. The proposed interested parties state that they are innocent purchasers for value without any notice of any defect in the title held by the 15th Defendant. A look at the sale agreements show that it is only seven proposed interested parties who purchased their portions from Nyachiro & Company Advocates who had authority to sell the plots on behalf of the 15th Defendant. The seven purchased their portions https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21151/eng@2023-10-30 2

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between 21/6/2004 and 15/1/2007. The 1st Proposed Interested party purchased a second plot on 19/1/2021 from Bernard Nyagaka Ogari. 3. The rest of the proposed Interested parties did not le a single document to show what interest they have in the land held by the 15th Defendant. 4. The Plainti/Respondent led a replying adavit in which it contends that indeed it is only seven proposed interested parties who led copies of sale agreements. They did not le any copies of receipts to show that they paid for those plots. The Plainti/Respondent also argued that the proposed Interested parties will bring no value to the case which will assist the court to determine this suit. It was further contended that the 15th Defendant has title and is in a position to defend his case without the proposed Interested parties being joined in this suit. 5. I have carefully considered the proposed Interested parties’ application as well as submissions led by them. The authorities cited show that an Interested party should demonstrate sucient legal interest and that he/she will be aected in a particular way if he/she is not joined. Besides this, it has to be shown that the joinder will assist the court to determine the issue with nality. 6. In the instant case, the 15th Defendant is represented by counsel. The court will address the issues in controversy without necessarily allowing the proposed interested parties to this suit. This case was led in 2009. It was later consolidated with about six others. If the proposed Interested parties were keen on pursuing titles, the 15th Interested parties would have had the 15th Defendant’s land subdivided so that they would be having titles even before the cases were led which would have then given them sucient legal interest as to call for their joinder in this case. Otherwise I do not nd any merit in his application which is dismissed with costs to the Plainti/Respondent. It is so ordered. DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 30TH DAY OF OCTOBER, 2023. E. O. OBAGA JUDGE In the virtual presence of; M/s Kavita for M/s Githinji for Plainti/Respondent. M/s Kosgei for M/s Omboto for proposed Interested parties. Court Assistant –Laban E. O. OBAGA JUDGE 30TH OCTOBER, 2023 https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21151/eng@2023-10-30 3

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