Mbesa Investments Limited v County Government of Mombasa; Fahad Iqbal Ahmed Bayusuf (Intended Interested Party) [2020] KEHC 10445 (KLR)
- Court
- High Court of Kenya
- Case number
- 10445
- Citation
- [2020] KEHC 10445 (KLR)
- Decided
- 5 October 2020
The court denied the application to join the Interested Party as he did not have a sufficient interest in the petition and the court did not find it necessary to join him.
Facts
The Petitioner, Mbesa Investments Limited, filed a petition against the County Government of Mombasa alleging infringement of its constitutional right to a fair administrative action. The Respondent opposed the motion, while the Interested Party, Fahad Iqbal Ahmed Bayusuf, sought to be joined to the petition due to his property's proximity to the Petitioner's properties.
Issues
- Whether the Interested Party has a sufficient interest in the petition to be joined to it.
- Whether the Interested Party should be enjoined in the proceedings.
Reasoning
The court considered the nature of the Interested Party's interest, whether it was a passing or enduring interest, and whether he would be prejudiced if he was denied the order to join. The court found that the Interested Party's interest was not substantial enough to warrant joining him in the proceedings.
Outcome
The application to join the Interested Party was denied.
Authorities cited
Legislation (3)
- County Government Act 2012
- Physical & Land Use Planning Act 2019
- Fair Administrative Action Act 2015
Cases cited (3)
- Isaac Mugo & 13 others vs. Fred Okengo Matiang'i & 2 Others; Independent Electoral and Boundary Commission of Kenya (1st Interested Party) & 18 others [2019] eKLR
- Communication Commission of Kenya and 4 Others vs. Royal Media Services Ltd and 7 Others [2014] eKLR
- Mewe vs. Republic [2004]1 EA 124
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