Karanca v County Government of Meru & 5 others (Environment & Land Case E008 of 2023) [2024] KEELC 5543 (KLR) (17 July 2024) (Ruling) Neutral citation: [2024] KEELC 5543 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT & LAND CASE E008 OF 2023 CK NZILI, J JULY 17, 2024 BETWEEN GEOFFREY KINJA KARANCA ............................................................... PLAINTIFF AND THE COUNTY GOVERNMENT OF MERU ................................ 1ST DEFENDANT THE CHIEF LAND REGISTRAR ................................................. 2ND DEFENDANT THE COUNTY LAND REGISTRAR MERU ............................... 3RD DEFENDANT THE DIRECTOR OF SURVEYS .................................................... 4TH DEFENDANT THE COUNTY DIRECTOR OF SURVEYS, MERU .................... 5TH DEFENDANT THE NATIONAL HOUSING CORPORATION .......................... 6TH DEFENDANT RULING 1. When this matter came up for hearing on 13.6.2024, learned litigation counsel representing the 2nd & 3rd defendants told the court that Section 12 of the Government Proceedings Act had not been complied with by the plaintifi to include the Hon. Attorney General as a party to the suit. The counsel insisted that the pleadings by the plaintifi have to be amended to formally bring on board the Hon. AG so that a statement of defence can be filed. 2. Learned counsels Mr. Opulu and Maithya for the plaintifi submitted that their client had no complaint against the Hon. AG. 3. They termed the issue raised by the 2nd and 3rd defendants for not filing a statement as a delaying tactic. 4. Mr. Opulu submitted that the Chief Land Registrar and the director of surveys were capable of being sued without joining the Hon. AG. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5543/eng@2024-07-17 1
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5. In a rejoinder, Miss Mbaikyatta learned counsel submitted that unless the Hon. AG was joined, government oficers such as the 2nd and 3rd defendants could not be defended by the Hon. AG. 6. The question as to whether it is mandatory to sue the A.G. was tackled in the Council of Governors and Others v Senate & others (2015) eKLR. The court said that whereas the constitution allows the Hon. AG the right to represent the national government in court proceedings, it does not mandatory stipulate that the Hon. AG should be sued in all instances where the organ of a national government has been sued. 7. Section 12 (1) of the Government Proceedings Act provides the subject to the provisions of any written law Civil proceedings by or against the government shall be instituted by or against the A.G as the case might be. Under Order 1 Rule 10 (2) Civil Procedure Rules to join a party is the discretion of a party by moving the court where there is a necessity or whose presence will enable the court to efiectually and completely adjudicate upon a matter. It can happen at any stage of a suit. See JMK v MWN & another (2015) eKLR. He or she must be a necessary party where the ultimate order or decree cannot be enforced without his participation. See Julius Meme v Republic & another (2004) eKLR. 8. The suit before the court is against the 2nd – 4th defendants touching on their role regarding the plaintifi's title to land. The Hon. AG is not answering for the issues raised against the 2nd – 5th defendants. 9. The 2nd – 5th defendants have not stated how the necessity of the Hon. AG will help them in answering the issues pleaded by the plaintifi against them. 10. The upshot is I find no basis to order that the plaint be amended to include the Hon. AG as a substantive party to the suit if the 2nd – 5th defendants do not wish to defend the suit the matter shall proceed as per the law. 11. The plaintifi is at liberty to make the necessary applications in the absence of a statement of defence by the said parties. DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERU ON THIS 17TH DAY OF JULY, 2024 In presence of C.A Kananu/Mukami Plaintifi Situma for the 6th defendant Mwirigi B for the 1st defendant Maithya for Opulu for the plaintifi Mbaikyatta for the 2nd – 5th defendant HON. C K NZILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5543/eng@2024-07-17 2
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