Assets Recovery Agency v Njoroge; Mesel (Proposed Interested Party) (Civil Application E006 of 2022) [2022] KEHC 13621 (KLR) (Anti-Corruption and Economic Crimes) (6 October 2022) (Ruling)
- Court
- High Court of Kenya
- Case number
- 13621
- Citation
- [2022] KEHC 13621 (KLR)
- Decided
- 6 October 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for joinder of interested partyCoramEN MAINA
Holding
The application for joinder is allowed, and De Mesel is granted an opportunity to participate in the proceedings.
Facts
The respondent, Feleta Nyamathira Njoroge, received funds from Marc Freddy De Mesel, who is the proposed interested party. The respondent claims that De Mesel is the benefactor and the source of the funds in issue.
Issues
- Joinder of Marc Freddy De Mesel as an interested party in the proceedings
- Whether De Mesel's presence will assist in determining the real issues in dispute
Reasoning
The court applied the principles laid down in Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others and Francis Karioki Muruatetu & another v Republic & 5 others, emphasizing the need for a personal interest in the matter, prejudice to be suffered by the intended interested party, and the relevance of the submissions.
Outcome
The application is granted.
Orders
- Marc Freddy De Mesel is joined as an interested party in the proceedings
- De Mesel is at liberty to file pleadings, affidavits, and documents in support of his case
- The court grants any other relief it deems fit to grant in the circumstances
- Costs of the application to be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Act
- Proceeds of Crime and Anti-Money Laundering Act, 2009
Cases cited (3)
- Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others
- Francis Karioki Muruatetu & another v Republic & 5 others
- Meme vs Republic
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…