Green Square Limited & Dangad Kibet Korir v Davy Kiprotich Koech & National Land Commission; Ethics and Anti Corruption Commission (Proposed Interested Party/Applicant) (Environment & Land Case 66 of 2014) [2020] KEELC 3358 (KLR) (10 February 2020) (Ruling)

Facts

The plaintiffs, Green Square Limited and Dangad Kibet Korir, are suing Davy Kiprotich Koech and the National Land Commission for fencing off and blocking a public access road reserve. The plaintiffs seek an order directing the defendant to open up the access road and a permanent injunction to restrain him from fencing off the plaintiff's right of way.

Issues

1. Whether the Ethics and Anti Corruption Commission should be joined as an interested party in the suit
2. Whether the presence of the Ethics and Anti Corruption Commission is necessary to enable the court to adjudicate all questions involved in the suit

Reasoning

The court held that the Ethics and Anti Corruption Commission has an identifiable stake and legal interest in the suit property and its presence is necessary to enable the court to adjudicate all questions involved in the suit.

Outcome

The Ethics and Anti Corruption Commission was granted leave to file its responses and pleadings as necessary for the purpose of effectively adjudicating upon the issues in controversy.

Authorities cited