Rado Development Company Limted v County Government of Kisumu & another [2021] KEELC 834 (KLR)
- Court
- Environment & Land Court
- Case number
- 834
- Citation
- [2021] KEELC 834 (KLR)
- Decided
- 19 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to Enjoin Interested PartiesPostureApplication dismissedCoramANTONY OMBWAYO
Holding
The application is dismissed as the intended interested parties have the capacity to investigate and commence proceedings and there is no evidence that the 2nd Respondent has brought the suit to their attention.
Facts
The 2nd Respondent sought to enjoin the National Land Commission and the Ethics and Anti-Corruption Commission as interested parties in the petition regarding public land acquisition.
Issues
- Whether the 2nd Respondent has the authority to enjoin the National Land Commission and the Ethics and Anti-Corruption Commission as interested parties.
- Whether the 2nd Respondent has demonstrated sufficient grounds to enjoin the interested parties.
Reasoning
The court found that the intended interested parties have the authority to make the formal application to the court and that the 2nd Respondent has not demonstrated sufficient grounds to enjoin them.
Outcome
Application dismissed
Orders
- The application for enjoining the National Land Commission and the Ethics and Anti-Corruption Commission as interested parties is dismissed.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Practice and Procedure Rules, 2013
- Constitution of Kenya, 2010
Cases cited (2)
- Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR
- Francis Karioki Muruatetu & Another v Republic & 5 others Petition 15 as consolidated with 16 of 2013 [2016] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…