Margaret Wanja Muthui v Ministry of Transport, Infrastructure, Housing Urban Development and Public Workers & 2 others [2021] KEELRC 1009 (KLR)

Facts

Margaret Wanja Muthui filed a petition against the Ministry of Transport, Infrastructure, Housing Urban Development and Public Works and Kenya Rural Roads Authority. The applicant, Kenya Institute of Supplies Management, sought to be joined as an interested party due to its role in training, registering, licensing, and regulating supplies practitioners.

Issues

1. Whether the applicant, Kenya Institute of Supplies Management, has a personal interest in the matter and if so, whether it should be joined as an interested party in the petition.
2. Whether the prejudice to the applicant if it is not joined in the suit is sufficient to justify its participation in the proceedings.

Reasoning

The Court found that the applicant failed to establish a personal interest in the matter and the prejudice it would suffer if not joined. The applicant's right under Article 22(2)(d) was invoked wrongly as the member had already initiated the petition.

Outcome

Application dismissed

Authorities cited