[2011] KEHC 86 (KLR)
The court held that the applicants cannot be forced to remain as parties to a suit without their consent, as doing so would infringe on their constitutional rights. The application to withdraw their names from the list of plaintiffs was therefore allowed. The court did not address issues of fraud or forgery,...
Source-derived case information.
- Citation
- [2011] KEHC 86 (KLR)
- Parties
- Plaintiff: Andrew Irri Njeru; Plaintiff: Elisha Migwi; Plaintiff: Nyaga Njue; Plaintiff: Ireri Kabuta; Plaintiff: Kigamba Kamuthenya; Plaintiff: Stephen Ndwiga Kagaragwi; Plaintiff: Doris Mbui Joseph; Plaintiff: Motokaa Nthautho; Plaintiff: Benson Ndumo; Plaintiff: Kivuti Nguku; Defendant: Attorney General; Defendant: District Officer Gachoka Division; Defendant: Land Adjudication Officer Embu/Mbeere; Defendant: County Clerk Mbeere County Council
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 73 of 2010
- Procedural Posture
- Civil Case / Ruling on Application for Withdrawal of Parties
- Outcome
- application allowed
- Legal Topics
- Withdrawal of Parties, Joinder and Misjoinder, Right to Fair Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Irri Njeru
Plaintiff
Elisha Migwi
Plaintiff
Nyaga Njue
Plaintiff
Ireri Kabuta
Plaintiff
Kigamba Kamuthenya
Plaintiff
Stephen Ndwiga Kagaragwi
Plaintiff
Doris Mbui Joseph
Plaintiff
Motokaa Nthautho
Plaintiff
Benson Ndumo
Plaintiff
Kivuti Nguku
Plaintiff
Attorney General
Defendant
District Officer Gachoka Division
Defendant
Land Adjudication Officer Embu/Mbeere
Defendant
County Clerk Mbeere County Council
Defendant
Procedural Posture
Civil Case / Ruling on Application for Withdrawal of Parties
Legal Issues
- 1 Whether the applicants can have their names withdrawn from the suit without their consent.
- 2 Whether forcing parties to remain in a suit infringes their constitutional rights.
Ratio Decidendi
The court held that the applicants cannot be forced to remain as parties to a suit without their consent, as doing so would infringe on their constitutional rights. The application to withdraw their names from the list of plaintiffs was therefore allowed. The court did not address issues of fraud or forgery, focusing solely on the applicants' right to withdraw from the proceedings.
Court Disposition
application allowed
Orders
- The applicants' names are withdrawn from the list of plaintiffs as prayed.
- Each party to bear his/her own costs.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Case 73 of 2010
1. ANDREW IRRI NJERU )
2. ELISHA MIGWI )
3. NYAGA NJUE )
4. IRERI KABUTA )
5. KIGAMBA KAMUTHENYA )
6. STEPHEN NDWIGA KAGARAGWI )…………………….………PLAINTIFFS
7. DORIS MBUI JOSEPH )
8. MOTOKAA NTHAUTHO )
9. BENSON NDUMO )
10. KIVUTI NGUKU )
VERSUS
ATTORNEY GENERAL……………………………………….1ST DEFENDANT
SUED ON BEHALF OF AGENTS/OFFICERS
DISTRICT OFFICER GACHOKA DIVISION.….........….…. 2ND DEFENDANT
LAND ADJUDICATION OFICER EMBU/MBEER…………3RD DEFENDANT
COUNTY CLERK MBEERE COUNTY COUNCIL………..4TH DEFENDANT
R U L I N G
This is the Applicant’s application dated 25th July 2011 brought under Section 3 and 3A of the Civil Procedure Act for orders that they withdraw their names from the list in the group of the 1st Plaintiff. They allege they never consented to their names being enlisted in the group of the 1st Plaintiff.
Without even getting into the issues of frauds or forgeries, the Applicants cannot be forced to stay in a suit against their will. That would be an infringement on their constitutional right.
I allow the Application to have the Applicants names withdrawn from the list as prayed. Each party to bear his/her own costs. The parties to take a hearing date for the pending application.
DELIVERED, SIGNED AND DATED AT EMBU THIS 2ND DAY OF NOVEMBER 2011.
H. I. ONG’UDI
JUDGE