Beyond Housing Co-operative Society Limited v County Secretary, Nakuru County Government and 3 others & County Assembly of Nakuru [2017] KEELC 2811 (KLR)

REPUBLIC  OF  KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT   NAKURU

ELC  NO.71 OF 2016

BEYOND HOUSING   CO-OPERATIVE SOCIETY LIMITED…............................……….PLAINTIFF

VERSUS

THE COUNTY SECRETARY, NAKURU  COUNTY GOVERNMENT AND 3  OTHERS….DEFENDANT

AND

COUNTY  ASSEMBLY  OF  NAKURU...................................…INTERESTED  PARTY/APPLICANT

RULING

I have gone through the application dated 17th March 2016.  It seeks to have the County Assembly of Nakuru enjoined to this suit as interested party.  I have  my  own  reservations  as to whether  the  County  Assembly is an  independent  legal  entity separate from the County  Government  of  Nakuru  which   has  already  been sued  as the  4th   defendant.

Be as it may, the parties herein are agreeable to have the County Assembly of Nakuru enjoined as prayed.

Despite my reservations, I will allow the consent of the parties as I do not see any prejudice that will be caused by the said joinder.

The application dated 17th March 2016 is therefore allowed as prayed and the County Assembly of Nakuru is hereby enjoined as interested party.

Dated, signed and delivered in open court at Nakuru this 15th   day of May   2017.

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT AT NAKURU

In presence  of :

Mr  Ndubi  for the  plaintiff

Mr.  L. Karanja   for applicant/intended interested party

No appearance on part of   Mr Ikua for defendants.

MUNYAO SILA

JUDGE

ENVIRONMENT & LAND COURT AT NAKURU