Republic & another v County Land Registrar; Njoka (Ex parte Applicant) (Environment and Land Judicial Review Case E001 of 2022) [2025] KEELC 6673 (KLR)

The said suit land is also the subject of another pending suit, being Nakuru High Court Miscellaneous Suit No. 33 of 2016, between Elizabeth Wanjiku Njoka as legal Representative of the Estate of Alice Kahaki Njoka (Deceased) on the one part, and the Estate of Phillip Njoka Kamau (Deceased) and the Applicants herein on the other part. Elizabeth Wanjiku Njoka has previously successfully applied for leave to participate in these proceedings and to be heard herein. She was granted that leave vide a Ruling herein dated 2nd May 2024. . 5. The application is opposed by the interested party on the grounds that the notice of motion is invalid and misconceived as the application was commenced by Lucy Wanjiru Njoka who is one of the legal representative appointed as such on 29th September 2023 and therefore she is acting on behalf of other family members. That the application is made in bad faith as the family division of the High Court Nakuru had made a decision that the ownership of Dundori//Lanet Block 5/216 is to be 6. determined by the family division of the High Court and not the Environment and Land Court. That therefore the application is a contravention of a court order and therefore null and void. 7. The applicants have been aware of this Judicial Review and have been served by Elizabeth Wanjiku Njoka with her applications and submissions herein but have not applied for leave to be enjoined as interested parties and have not profiered any cause for not having applied to be enjoined as interested parties now for more than two years. The application is equally opposed vide the afidavit of Elizabeth Wanjiku Njoka. 8. I have considered the application and do find that the same is premised on Order 53 Rule 3 (2) of the Civil Procedure Rules read with order 1 rule 8(3) of the said rules. The applicant has further invoked the Oxygen Law thus section 1A, 1B and 3A of the Civil Procedure Act Cap 21 Laws of Kenya. 9. The applicant have not demonstrated a recognizable stake in the matter difierent from the one of Lucy Wanjiru Njoka. Being the joint administrators and legal representatives of the estate of Philip Njoka Kamau via a grant of the letter of administration intestate dated 18th October 2023, they can litigate through the exparte applicant. 10. The provisions of Order 53 Rule 3(2) are clear that any person directly afiected by the motion shall be served. The words employed in that rule are as follows, verbatim:- “The notice shall be served on all persons directly afiected, and where it relates to any proceedings in or before a court, and the object is either to compel the court or an oficer thereof to do any action in relation to the proceedings or to quash them or any order made therein, the notice of motion shall be served on the presiding oficer of the court and on all parties to the proceedings.” 11. The Constitution of Kenya 2010 provides that every person is entitled to be given a hearing in accordance with the rules of natural justice before a matter that afiects him is determined. Article 50: provides as follows, “(1)Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.” 12. This court states that for one to be enjoined to a judicial review suit as interested party, such person must demonstrate that it is necessary to be enjoined in the suit assist the court settle all questions involved in the matter. It is not enough for one to merely demonstrate a general interest in the suit. In this case, the applicants who are legal representatives of the estate of Philip Njoka Kamau state that the suit property is property of the estate of Philip Njoka Kamau which was bequeathed to one of his widows Lucy Waniju Njoka the exparte applicant herein in his last will and testament dated 13th June, 2009. Though this fact is not controverted, Lucy Wanjiru Njoka is the experte applicant and therefore https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6673/eng@2025-10-02 2

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cannot also be an interested party as sought by the applicants. The other applicants in the application for joinder are represented by Lucy Wanjiru Njoka who is the exparte applicant and therefore cannot be enjoined in this Judicial Review as they will not add value more than the exparte applicant. I do find that the applicants have not demonstrated that they have any particular interest in the Judicial Review Suit or that they will assist the court in any manner in the determination of the dispute. The application is therefore dismissed accordingly. Costs to the respondents. SIGNED BY/FOR: HON. JUSTICE ANTONY O. OMBWAYO THE JUDICIARY OF KENYA. NAKURU ENVIRONMENT AND LAND COURT ENVIRONMENT AND LAND COURT DATE: 2025-10-02 11:31:45 Doc IDENTITY: 1834668240778371552721912027 Tracking Number:OOJQQD2025 https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6673/eng@2025-10-02 3

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