[2023] KEELC 18864 (KLR)
The court found that the application for joinder of the Intended 92 Petitioners was unopposed and that granting the application would not unduly disadvantage the respondents. The court exercised its discretion to allow the joinder, emphasizing that the participation of all interested parties is essential for the...
Source-derived case information.
- Citation
- [2023] KEELC 18864 (KLR)
- Parties
- Applicant: George Karithi & 74 others; Respondent: District Surveyor Isiolo & 5 others; Applicant: Intended 92 Petitioners; Applicant: Over 500 Petitioners
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition 008 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Application for Joinder of Parties
- Outcome
- application allowed
- Judges
- PM Njoroge
- Legal Topics
- Joinder of Parties, Leave to Intervene, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Karithi & 74 others
Applicant
District Surveyor Isiolo & 5 others
Respondent
Intended 92 Petitioners
Applicant
Over 500 Petitioners
Applicant
Procedural Posture
Constitutional Petition / Ruling on Application for Joinder of Parties
Legal Issues
- 1 Whether the Intended 92 Petitioners should be granted leave to be joined in the petition.
- 2 Whether the Intended 92 Petitioners should be allowed to make written and oral submissions at the hearing of the petition.
- 3 Whether granting the application would unduly disadvantage the respondents.
Ratio Decidendi
The court found that the application for joinder of the Intended 92 Petitioners was unopposed and that granting the application would not unduly disadvantage the respondents. The court exercised its discretion to allow the joinder, emphasizing that the participation of all interested parties is essential for the fair and complete determination of the petition. The court further held that costs would be in the cause, reflecting the absence of opposition and the procedural nature of the application.
Court Disposition
application allowed
Orders
- Leave is granted to the Intended 92 Petitioners to be joined in the petition.
- The Intended 92 Petitioners are granted leave to make written and oral submissions at the hearing of the petition.
Full Case Text
Judgment text and source record
19 paragraphs
Karithi & 74 others v District Surveyor Isiolo & 5 others (Constitutional Petition 008 of 2021) [2023] KEELC 18864 (KLR) (17 July 2023) (Ruling)
Neutral citation: [2023] KEELC 18864 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Constitutional Petition 008 of 2021
PM Njoroge, J
July 17, 2023
Between
George Karithi & 74 others
Petitioner
and
District Surveyor Isiolo & 5 others
Respondent
Ruling
1. This application is dated 8th of June, 2023 and seeks the following orders;a.That leave be granted to the Intended 92 Petitioners in the attached list to be joined in the Petition dated 12th July, 2011 and filed on the same day and amended on 18th March, 2014 and filed on the same day.b.That the Intended 92 Petitioners be granted leave to make written and oral submissions at the hearing of the Petition herein.c.That the costs of this application be in the cause.
2. The application is supported by the 19 grounds on its face and also by the affidavit of George Karithi who swore on behalf of all the Petitioners.
3. When the matter came up in court on 17/7/2023, the application had not been opposed by the respondents. I find that the application does not unduly disadvantage the respondents.
4. In the circumstances, the following orders are issued;a.This application is allowed.b.Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 17TH DAY OF JULY, 2023 IN THE PRESENCE OF;Court Assistant: Balozi/RahmaMiss Maina for the Intended 92 Petitioners.Caleb Mwiti holding brief for Carl Peters Mbaabu for over 500 Petitioners.Other parties/advocates absent.HON. JUSTICE P.M NJOROGEJUDGE