Nakuru War Memorial Hospital Ltd v County Government of Nakuru & 2 others
The bottom line
#Kenya's Court of Appeal confirmed that non-parties can appeal court decisions, but struck out Nakuru County's appeal because it wasn't actually harmed by the judgment.
What this practically means
#Executive summary
#Key legal issues
#Locus standi of a non-party to appeal
A non-party directly affected by a decision has the right to appeal; neither Article 164(3) of the Constitution, Section 3 of the Appellate Jurisdiction Act nor Rule 77(1) restricts the right of appeal to parties to the suit below.
The Court held that the jurisdictional provisions confer appeal rights in terms of 'a person' without limiting them to parties. The word 'person' in Rule 77(1) is unqualified, and had the draftsman intended to confine appeal to parties it would have been stated expressly. However, the right is not absolute: an appellant must show it is adversely affected or aggrieved, meaning it suffered a specific and direct negative consequence from the decision.
Effect of a dismissed joinder application on a subsequent appeal
The dismissal of a non-party's application to be joined as an interested party below is not a bar to that non-party appealing against the final judgment if the judgment adversely affects it.
The applicant had argued that because the 1st respondent's joinder application was dismissed and no appeal was preferred against that ruling, the 1st respondent could not appeal the final judgment. The Court rejected this, holding that the application 'will stand or fall' not on the dismissal of the joinder application but on whether the 1st respondent demonstrated it is adversely affected by the judgment. The proper test is the impact of the impugned judgment on the appellant.
Whether the County Government of Nakuru was aggrieved by the judgment
The 1st respondent failed to demonstrate that it was aggrieved or adversely affected: the judgment issued no adverse orders against it, and the question of ownership of the suit property was left to a pending suit in which it is a defendant.
The Court examined the final orders of the ELC, which merely quashed the Gazette Notice cancelling the hospital's certificate of lease and declined prohibition, with each party bearing its own costs. No order was directed at the 1st respondent. Further, the trial court had already noted that ownership of the land would be resolved in Nakuru ELC No. 36 of 2023, in which the 1st respondent is a defendant. The 1st respondent also filed no reply expounding its prejudice.
Legal principles established
#- A person who was not a party to the proceedings below may appeal if directly affected by the decision; a non-party need not have sought and been refused joinder before appealing, but must show it is adversely affected or aggrieved
- The dismissal of an application for joinder as interested party does not, of itself, bar a non-party from appealing against a judgment that adversely affects it
- The right of appeal under Rule 77(1) is not an open licence; only a person adversely affected or aggrieved by the decision may appeal
Court orders
#- 1.The applicant's notice of motion dated 9th October 2024 is allowed
- 2.Civil Appeal No. E130 of 2024 filed on 16th September 2024 is struck out
- 3.Costs of the application and the appeal are awarded to the applicant
- On appeal from
- Environment and Land Court, Nyandarua
- Nyandarua ELC Judicial Review No. 1 of 2024 (formerly Nakuru J.R. No. 7 of 2023)
- Jurisdiction invoked
- Article 164(3) of the Constitution and Section 3 of the Appellate Jurisdiction Act; Rule 86(a) & (b) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nakuru War Memorial Hospital Ltd v County Government of Nakuru & 2 others", Case Analysis (2025). Civil Appeal No. E130 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/521/eng@2025-03-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.