Shadrack v Director of Public Prosecutions & 3 others; Gitau & 2 others (Intended Interested Party) (Petition 507 of 2019) [2021] KEHC 12717 (KLR) (Constitutional and Human Rights) (17 March 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 12717
- Citation
- [2021] KEHC 12717 (KLR)
- Decided
- 17 March 2021
The Intended Interested Parties have met the threshold to be joined as Interested Parties, and the Petitioner's Petition is not a plagiarized replica of the Intended Interested Parties' Petition.
Facts
Petitioner and Intended Interested Parties were charged jointly in Kibera CMCri Case No. 1372 of 2019. The Intended Interested Parties seek to be joined as Interested Parties to the proceedings.
Issues
- Whether the Intended Interested Parties have met the threshold for joinder as Interested Parties.
- Whether the Intended Interested Parties' cross-petition is bad in law and warrants dismissal in limine.
Reasoning
The court finds that the Intended Interested Parties have an identifiable stake or legal interest in the proceedings and are not directly involved in the litigation. The court also rules that the Intended Interested Parties cannot file a cross-petition while being joined as Interested Parties.
Outcome
The Intended Interested Parties' applications for joinder and cross-petition are allowed.
Orders
- The Intended Interested Parties are enjoined as Interested Parties in the proceedings.
- The Intended Interested Parties' cross-petition is not allowed.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
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