https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12363

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KAKAMEGA** **CONTITUTION PETITION E013 OF 2025** **ELIUD WAFULA MAELO ALIAS AMBASSADOR (Suing on his behalf and behalf of the sugar farmer of the Mumias area) ................................................................................................PETITIONER** **VERSUS** **KENYA SUGAR BOARD………………………………...……..….....……………...…1ST RESPONDENT** **THE CABINET SECRETARY AGRICULTURE AND LIVESTOCK DEVELOPMENT………………………………………………..........…...…………….2ND RESPONDENT** **THE PERMANENT SECRETARY AGRICULTURE AND LIVESTOCK DEVELOPMENT………………………………...………………............………………3RDRESPONDENT** **THE SPEAKER NATIONAL ASSEMBLY……………….…..............………………….4TH RESPONDENT** **THE HON ATTORNEY GENERAL……………………………..………...…….…..…...5TH RESPONDENT** **AND** **MOSES JUMA SIKUTA.........................................................................................1ST INTERESTED PARTY** **DAVID OPALA………......................................................................................2ND INTERESTED PARTY** **RASTO OJAGO..................................................................................................3RD INTERESTED PARTY** **GEOFFEY NABUKWESI........................................................................................4TH INTERESTED PARTY** **MICHAEL BARASA.............................................................................................5TH INTERESTED PARTY** **AND** **WEST KENYA SUGAR COMPANY LTD............................................PROPOSED 6THRESPONDENT** **AND** **ELIUD AMBANI MULAMA............................................................PROPOSED 6TH INTERESTED PARTY** **(On the Proposed 6th Interested party application dated 13th July,2026)** **RULING** 1. The proposed 6th interested party/Applicant filed an application dated 13th July 2026 fundamentally seeking to be enjoined as an interested party to the consolidated petitions herein. The application is supported by a supporting affidavit sworn by the Applicant on same date. 2. The Court notes that there is not response and/or submission files on the said application which position could as well imply that the application is not opposed. Nonetheless, the court will proceed to make a finding on the merits of the application. **Analysis and determination** 1. The only issues that would arise for determination is whether the proposed 6th interested party/Applicant meets the threshold for joinder. **Whether the Applicants Meet the Threshold for Joinder** 1. The Constitution of Kenya, 2010, under Article 22(2) and Article 258, read together with Rule 9 of Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, adopts a liberal and inclusive approach to participation in constitutional litigation 2. The Supreme Court in **Trusted Society of Human Rights Alliance v Mumo Matemu & 5 Others (2014) eKLR** held that an interested party is one who has a stake in the proceedings, though not a party ab initio, and whose presence is necessary for the complete determination of the issues before the Court. 3. Similarly, in **Francis Karioki Muruatetu & Another v Republic & 5 Others (2016) eKLR**, the Court laid down the guiding principles that an Applicant must demonstrate: a)A personal stake or interest in the matter; b)The prejudice to be suffered if not enjoined; and c)The relevance of their intended submissions. 4. In **Pravin Bowry v John Ward & another [2015] eKLR**, the Court of Appeal, citing with approval Deported Asians Property Custodian Board v Jaffer Brothers Ltd [1991] 1 EA 55, emphasised that a party whose presence is necessary to enable the Court to effectually and completely adjudicate upon and settle all questions involved ought to be joined so as to avoid multiplicity of suits and ensure finality. 1. The Applicant herein has demonstrated in his sworn supporting affidavit *inter alia* that he a registered sugar farmer within the region subject of these petition(s) who has formerly served as designated officer of the West Kenya Sugar Company Limited, a known sugar milling company. 2. The Applicant is eyeing an elective seat as a director to the Kenya Sugar Board. The Applicant has also demonstrated that the issues arising from the consolidated petitions affects the elections to the Kenya Sugar Board where he is a candidate. Hence, the issues arising from these petition(s) shall directly affect the Applicant. He therefore prays for participation partly to assist this court to arrive at a fair, informed and completely determine all the issues surrounding the petition. 3. Again, the Court reiterates that the application is not opposed. 4. I am therefore satisfied that the 6th interested party/Applicant has sufficiently demonstrated grounds to warrant his joinder to the instant petitions. I therefore hold that the 6th interested party/Applicant has satisfied the threshold for joinder. The prayer for joinder is accordingly allowed. 5. Accordingly, the Court makes the following orders; - 6. The Petitioner/Applicant’s application dated 13th June,2026 therefore is allowed. 7. The costs of the Application as follow the outcome of the suit. 8. The orders herein shall also apply to Kakamega Petition No. E013 of 2026 (Formerly Vihiga Petition No. E004 of 2026) which has since reverted back to the originating court. 9. The Applicant shall file the documents within 14 days and serve, any interested party shall do so within 14 days. 10. It is hereby so ordered. **DATED, SIGNED AND DELIVERED IN OPEN COURT AT KAKAMEGA 31ST DAY OF JULY, 2026.** **S.MBUNGI** **JUDGE** **In the presence of:-** **CA:** Velma/Zilda