DANIEL WAITHAKA MWANGI v NARC-KENYA & 6 Others [2007] KEHC 520 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT AT NAKURU

CIVIL SUIT 154 OF 2007

DANIEL WAITHAKA MWANGI…………...............PLAINTIFF

VERSUS

NARC-KENYA………..……………………...1ST DEFENDANT

RAPHAEL TUJU………..…………………...2ND DEFENDANT

MUKHISA KITUYI………….………………...3RD DEFENDANT

MORRIS DZORO……..……………………...4TH DEFENDANT

ERASTUS KIHARA MUREITHI…..……...…..5TH DEFENDANT

SAMUEL MUREITHI WAHOME...….……….6TH DEFENDANT

STEPHEN MAINA KANYORO………....……7TH DEFENDANT

AND

PETER WAHOME KAMOCHE…..……………….APPLICANT

RULING

The applicant in this application, seeks to be enjoined as a party to this suit.  However he has not disclosed to the court what claim or cause of action he has against the defendants or the plaintiff.  His main gripe appears to be that he has been adversely mentioned by the affidavits filed by the defendants.  He has however filed a replying affidavit in a reply to all the allegations made against him.

I do not see any legal reason advanced by the applicant to persuade this court to have him enjoined to this suit. He has not availed any material to the court in form of a draft statement of claim that could persuade this court to exercise its discretion and enjoin him in the suit.  For that reason his application lacks merit and is hereby dismissed with costs to the defendants.

DATED at NAKURU this 4th day of SEPTEMBER, 2007

L. KIMARU

JUDGE