[2017] KEELC 2811 (KLR)
Despite reservations about whether the County Assembly of Nakuru is a separate legal entity from the County Government of Nakuru, the court found that all parties were agreeable to the joinder and that no prejudice would result from enjoining the County Assembly as an interested party. The court exercised its...
Source-derived case information.
- Citation
- [2017] KEELC 2811 (KLR)
- Parties
- Plaintiff: Beyond Housing Co-operative Society Limited; Defendant: The County Secretary, Nakuru County Government and 3 Others; Applicant: County Assembly of Nakuru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 71 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Party
- Outcome
- application allowed
- Judges
- MA Silau
- Legal Topics
- Joinder of Parties, Interested Party, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Beyond Housing Co-operative Society Limited
Plaintiff
The County Secretary, Nakuru County Government and 3 Others
Defendant
County Assembly of Nakuru
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the County Assembly of Nakuru should be enjoined as an interested party to the suit.
- 2 Whether the County Assembly of Nakuru is a separate legal entity from the County Government of Nakuru.
Ratio Decidendi
Despite reservations about whether the County Assembly of Nakuru is a separate legal entity from the County Government of Nakuru, the court found that all parties were agreeable to the joinder and that no prejudice would result from enjoining the County Assembly as an interested party. The court exercised its discretion to allow the application for joinder, emphasizing that the consent of the parties and the absence of prejudice justified the order. The application dated 17th March 2016 was therefore allowed as prayed, and the County Assembly of Nakuru was enjoined as an interested party to the proceedings.
Court Disposition
application allowed
Orders
- The application dated 17th March 2016 is allowed as prayed.
- The County Assembly of Nakuru is hereby enjoined as an interested party.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO.71 OF 2016
BEYOND HOUSING CO-OPERATIVE SOCIETY LIMITED…............................……….PLAINTIFF
VERSUS
THE COUNTY SECRETARY, NAKURU COUNTY GOVERNMENT AND 3 OTHERS….DEFENDANT
AND
COUNTY ASSEMBLY OF NAKURU...................................…INTERESTED PARTY/APPLICANT
RULING
I have gone through the application dated 17th March 2016. It seeks to have the County Assembly of Nakuru enjoined to this suit as interested party. I have my own reservations as to whether the County Assembly is an independent legal entity separate from the County Government of Nakuru which has already been sued as the 4th defendant.
Be as it may, the parties herein are agreeable to have the County Assembly of Nakuru enjoined as prayed.
Despite my reservations, I will allow the consent of the parties as I do not see any prejudice that will be caused by the said joinder.
The application dated 17th March 2016 is therefore allowed as prayed and the County Assembly of Nakuru is hereby enjoined as interested party.
Dated, signed and delivered in open court at Nakuru this 15th day of May 2017.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT AT NAKURU
In presence of :
Mr Ndubi for the plaintiff
Mr. L. Karanja for applicant/intended interested party
No appearance on part of Mr Ikua for defendants.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT AT NAKURU