[2016] KEHC 679 (KLR)
The court found that the applicants, as officials of the Rikiau Adjudication Section, demonstrated a sufficient and legitimate interest in the subject matter of the petition. Their participation was necessary to safeguard the interests of the community and ensure that any orders issued would not adversely affect...
Source-derived case information.
- Citation
- [2016] KEHC 679 (KLR)
- Parties
- Applicant: Andrew Kaluma; Applicant: Ng'olua Mwaine; Applicant: Tom Tuaruchu; Applicant: Sammy Mutia; Respondent: District Land Adjudication & Settlement Officer, Igembe South District; Respondent: PS Ministry of Lands; Respondent: Attorney General; Interested Party: Rikiau Adjudication Section through its officials: Isaiah Ntombura M'Kairiama (Chairman), Andrew Nkayura Thaimuta (Committee Member), Timothy Mbaabu Gichunge (Committee Member), M'Mwirichia M'Kaumbuthu (Member), Thangichia M'Imunya (Member)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 9b of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder as Interested Parties
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Land Adjudication, Joinder of Parties, Community Land, Adjudication Section Creation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Andrew Kaluma
Applicant
Ng'olua Mwaine
Applicant
Tom Tuaruchu
Applicant
Sammy Mutia
Applicant
District Land Adjudication & Settlement Officer, Igembe South District
Respondent
PS Ministry of Lands
Respondent
Attorney General
Respondent
Rikiau Adjudication Section through its officials: Isaiah Ntombura M'Kairiama (Chairman), Andrew Nkayura Thaimuta (Committee Member), Timothy Mbaabu Gichunge (Committee Member), M'Mwirichia M'Kaumbuthu (Member), Thangichia M'Imunya (Member)
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder as Interested Parties
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties to the petition.
- 2 Whether the applicants have a legitimate interest in the subject matter of the petition.
- 3 Whether the creation and operation of Rikiau Adjudication Section was lawful.
Ratio Decidendi
The court found that the applicants, as officials of the Rikiau Adjudication Section, demonstrated a sufficient and legitimate interest in the subject matter of the petition. Their participation was necessary to safeguard the interests of the community and ensure that any orders issued would not adversely affect them without their input. The application was unopposed, and the court was satisfied that the requirements for joinder as interested parties had been met. Accordingly, the application to enjoin the applicants as interested parties was allowed.
Court Disposition
application allowed
Orders
- The applicants are enjoined as interested parties to the petition.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
49 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
ENVIRONMENTAL & LAND COURT PETITION NO. 9B OF 2016
ANDREW KALUMA................................................................1ST PETITIONER
NG'OLUA MWAINE................................................................2ND PETITIONER
TOM TUARUCHU...................................................................3RD PETITIONER
SAMMY MUTIA........................................................................4TH PETITIONER
VERSUS
THE DISRTICT LAND ADJ & SETTLEMENT .
OFFICER, IGEMBE SOUTH DISTRICT..............................1ST RESPONDENT
PS MINISTRY OF LANDS.................................................2ND RESPONDENT
ATTORNEY GENERAL.......................................................3RD RESPONDENT
RIKIAU ADJUDICATION SECTION THROUGH ITS OFFICIALS
ISAIAH NTOMBURA M'KAIRIAMA (CHAIRMAN),
ANDREW NKAYURA THAIMUTA (COMMITTEE MEMBER)
TIMOTHY MBAABU GICHUNGE (COMMITTEE MEMBER)
M'MWIRICHIA M'KAUMBUTHU (MEMBER AND
THANGICHIA M'IMUNYA (MEMBER).............................INTERESTED PARTY
R U L I N G
1. This application is dated 11/11/2016 and seeks orders:-
1. THAT this application be certified as urgent and be heard on priority basis.
2. THAT the Honourable Court be pleased to issue an order enjoining the Applicants as interested parties to this petition.
3. THAT costs for this application be provided for.
2. The application is supported by the Affidavit of ISIAH NTOMBURA M'KAIRIAMA and has the following grounds:-
1. That the Applicants are part of officials of RIKIAU Adjudication Section duly appointed on 12th July 2007.
2. That RIKIAU Adjudication Section was duly established on 23rd July 2007 by the Ministry of Lands and Settlement.
3. THAT prior to the said land being declared trust land it was community land where the residents occupied the said section.
4. THAT after the Adjudication Section was created it was never challenged after two (2) months as it is the requirements under the law.
5. THAT Rikiau Adjudication Section was created it was never challenged after two (2) months as it is the requirements (sic) under the law.
6. THAT Rikiau Adjudication section is well regulated and created under Land Adjudication Cap 284 Laws of Kenya.
7. THAT prior to the conservatory orders which issued Rikiau Adjudication Section was undergoing surveying of individuals parcels.
8. THAT mapping of the area has already been completed despite issuance of conservatory orders and this was pursuant to the Ministry Lands directive.
9. THAT their (sic) were monthly reports aimed at show casing the progress in each occupant getting his/her own potion with clear road access.
10. THAT there is no way an Adjudication Section can be created over another section, as they (sic) have been attempts to create MULA Adjudication Section over and above Rikiau Adjudication Section.
11. THAT to safeguard the interest of occupants of Rikiau Adjudication Section this application should be allowed as prayed.
12. THAT in the interest of justice the Applicants should be enforced (sic) to ensure that they are not affected by any adverse orders.
3. On 7/12/2017, it transpired that the application was not opposed.
4. In the circumstances, the application is deemed heard and determined .
5. The application is allowed.
6. Costs shall be in the cause.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 7TH DAY OF DECEMBER, 2016 IN THE PRESENCE OF:-
CA: Daniel /James
Miss Kungu for the Respondents
Muthomi h/b Manasses Kariuki for Petitioners
Mutegi for the Interested Parties
P.M. NJOROGE
JUDGE