Republic v Kwale County Lands Registrar & another; Abshir & 2 others (Intended Interested Party) (Miscellaneous Judicial Review 11 of 2021) [2022] KEELC 13757 (KLR) (18 October 2022) (Ruling)

Facts

The Republic of Kenya filed a petition against the Kwale County Lands Registrar and another, seeking to join the intended interested parties Dominic Collins Zalo, Abshir Abdii Abshir, and Francolin Limited as parties to the petition. The intended interested parties moved for leave to be joined as parties and for leave to file a preliminary objection.

Issues

1. Whether the notice of motion application dated March 8, 2022 is merited?
2. Whether the intended interested party should be granted leave to be joined in this petition as an interested party?
3. Whether the intended interested party should be granted leave to file a preliminary objection to the petition as the subject matter of the instant suit is sub judice?
4. Who will bear the costs of the application.

Reasoning

The court considered the provisions of the Constitution of Kenya, 2010, and the Civil Procedure Rules, 2010, and determined that the intended interested party did not have an identifiable stake or legal interest in the proceedings, thus denying their application.

Outcome

The court dismissed the notice of motion application with costs.

Authorities cited