[2021] KECA 361 (KLR)
The court found that the Municipal Council of Nanyuki is a defunct entity following the repeal of the Local Government Act by the Constitution of Kenya, 2010. The County Government of Laikipia is the legal successor in title and law to the Municipal Council of Nanyuki. As such, it is proper and necessary for the...
Source-derived case information.
- Citation
- [2021] KECA 361 (KLR)
- Parties
- Applicant: Wilson Theuri Kimuri; Respondent: Commissioner of Lands; Respondent: Chief Lands Registrar; Respondent: Municipal Council of Nanyuki; Respondent: Jenifferkoinantekihoro; Respondent: Mary Mumbigithinji; Respondent: Joseph Wachiragithinji
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Application 26 of 2016
- Procedural Posture
- Civil Application / Ruling on Substitution Application
- Outcome
- application allowed
- Judges
- DK Musinga
- Legal Topics
- Party Substitution, Successor in Title, Local Authorities Transition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Theuri Kimuri
Applicant
Commissioner of Lands
Respondent
Chief Lands Registrar
Respondent
Municipal Council of Nanyuki
Respondent
Jenifferkoinantekihoro
Respondent
Mary Mumbigithinji
Respondent
Joseph Wachiragithinji
Respondent
Procedural Posture
Civil Application / Ruling on Substitution Application
Legal Issues
- 1 Whether the Municipal Council of Nanyuki, a defunct entity, should be substituted by the County Government of Laikipia as the 3rd respondent.
- 2 Whether the County Government of Laikipia is the lawful successor to the Municipal Council of Nanyuki.
Ratio Decidendi
The court found that the Municipal Council of Nanyuki is a defunct entity following the repeal of the Local Government Act by the Constitution of Kenya, 2010. The County Government of Laikipia is the legal successor in title and law to the Municipal Council of Nanyuki. As such, it is proper and necessary for the County Government of Laikipia to be substituted as the 3rd respondent in place of the Municipal Council of Nanyuki to ensure that the correct party is before the court. The application for substitution was unopposed and the court was satisfied that it was well founded.
Court Disposition
application allowed
Orders
- The County Government of Laikipia is substituted as the 3rd respondent in place of the Municipal Council of Nanyuki.
Full Case Text
Judgment text and source record
28 paragraphs
Kimuri v Commissioner of Lands & 5 others (Civil Application 26 of 2016) [2021] KECA 361 (KLR) (17 December 2021) (Ruling)
Neutral citation number: [2021] KECA 361 (KLR)
Republic of Kenya
In the Court of Appeal at Nyeri
Civil Application 26 of 2016
DK Musinga, JA
December 17, 2021
Between
Wilson Theuri Kimuri
Applicant
and
Commissioner of Lands
1st Respondent
Chief Lands Registrar
2nd Respondent
Municipal Council of Nanyuki
3rd Respondent
Jenifferkoinantekihoro
4th Respondent
Mary Mumbigithinji
5th Respondent
Joseph Wachiragithinji
6th Respondent
(Being an appeal against the judgment and Decree of Hon. Mr. Justice A. Ombwayo, J. dated 11th August, 2015 and delivered on 22nd September, 2015 in Misc. Appl.No.4 of 2013)
Ruling
1. The applicant’s Notice of Motion dated 13th November 2017 seeks an order for substitution of the 3rd respondent, Municipal Council of Nanyuki by the County Government of Laikipia. The application is brought on grounds that the 3rd respondent is an entity that is defunct pursuant to coming into force of the Constitution of Kenya, 2010 that repealed the Local Government Act Cap 265 of the Laws of Kenya; that the County Government of Laikipia is the successor in title and in law of the 3rd respondent and therefore it is only proper that the 3rd respondent be substituted by the County Government of Laikipia.
2. The application is not opposed. I am satisfied that the same is well founded and I grant the orders as sought.
DATED AND DELIVERED at NAIROBI this 17th day of December, 2021D. MUSINGA (P)..............................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDEPUTY REGISTRAR