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ELCDismissedNot stated in excerpt (Petition at Kisumu)· [2022] KEELC 2032 (KLR)

Hass Petroleum (K) Limited v City Manager, City of Kisumu & another; National Land Commission & another (Intended Interested Parties) [2022] KEELC 2032 (KLR)

Environment and Land Court
21 January 2022
AOANTONY OMBWAYO
1,952 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~8 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court in Kisumu refused to let a litigant join public bodies to his land petition, holding only the bodies themselves can seek joinder and must show real prejudice.

What this practically means

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Executive summary

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The Defendant in a land petition moved the court by Notice of Motion dated 1st July 2021 seeking the joinder of two intended interested parties: the custodian of public land (alleged to have constitutional duties over public land including Kisumu County land) and a constitutional commission established under Article 79 of the Constitution with anti-corruption functions. The Defendant, through the affidavit of Michael Abala Wanga, argued that the Petition concerns public land allegedly illegally, irregularly or corruptly acquired, and that the intended interested parties' constitutional and statutory mandates gave them an identifiable stake and a duty to assist the court, while avoiding multiplicity of suits. He relied on authorities including Kenya Medical Laboratory Technicians and Technologists Board, Judicial Service Commission v Speaker of the National Assembly, and Mumo Matemu on interested parties and locus standi. The Plaintiff filed no submissions. The court framed a single issue: whether the intended interested parties should be enjoined. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the elements in Francis Karioki Muruatetu v Republic, the court held that the Defendant failed to demonstrate the prejudice the intended interested parties would suffer if not joined, and that parties capable of suing and being sued should make their own joinder applications rather than being joined at a litigant's instance. The Notice of Motion dated 1st July 2021 was dismissed. The ruling was delivered electronically pursuant to COVID-19 court directions.

Key legal issues

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01

Whether the Intended Interested Parties should be enjoined in this suit

Holding

Application dismissed; the Defendant failed to demonstrate the prejudice of non-joinder and ought not to apply for joinder of parties capable of applying themselves

Reasoning

The court applied the Muruatetu principles for joinder of interested parties. Although the Defendant articulated the constitutional mandates of the intended interested parties (custodian of public land; anti-corruption commission), he did not demonstrate identifiable prejudice arising from their absence. Further, parties with legal capacity who may be affected by the decision should move the court themselves for joinder rather than being joined at a litigant's behest.

p. 3

Legal principles established

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  • A party seeking joinder as an interested party must satisfy the Muruatetu elements: an identifiable personal interest or stake, demonstrated prejudice from non-joinder, and a demonstration of the submissions to be made
  • Intended interested parties capable of suing and being sued should ordinarily apply for their own joinder

Court orders

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  1. 1.The Notice of Motion application dated 1st July 2021 is dismissed
Jurisdiction invoked
Original jurisdiction under the Environment and Land Court Act; joinder sought under Order 1 Rule 10(2) of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Hass Petroleum (K) Limited v City Manager, City of Kisumu & another; National Land Commission & another (Intended Interested Parties) [2022] KEELC 2032 (KLR)", Case Analysis (2022). Not stated in excerpt (Petition at Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2032/eng@2022-01-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.