Ethics & Anti-Corruption Commission v Facta Costruction Co. Ltd & 17 others; Gichaba & 20 others (Interested Parties) [2023] KEELC 21151 (KLR)

Ethics & Anti-Corruption Commission v Facta Costruction Co. Ltd & 17 others; Gichaba & 20 others (Interested Parties) (Environment & Land Case 578, 579, 580, 583 & 584 of 2012 & 458 of 2013 (Consolidated)) [2023] KEELC 21151 (KLR) (30 October 2023) (Ruling)

Neutral citation: [2023] KEELC 21151 (KLR)

Republic of Kenya

In the Environment and Land Court at Eldoret

Environment & Land Case 578, 579, 580, 583 & 584 of 2012 & 458 of 2013 (Consolidated)

EO Obaga, J

October 30, 2023

Between

Ethics & Anti-Corruption Commission

Plaintiff

and

Facta Costruction Co. Ltd

1st Defendant

Wilson Kipkosgei Mana

2nd Defendant

Raymond Kimely

3rd Defendant

Joseph Njogu Njuguna

4th Defendant

Heman Kumar Pavani

5th Defendant

Ramji Devji Vekaria

6th Defendant

Kipngetich Lelmen

7th Defendant

Limmag Investment Co. Ltd

8th Defendant

Linus Kiplangat Letting

9th Defendant

Cecilia Chepkoech Leting

10th Defendant

Broadway Edible Oil Plant1 Ltd

11th Defendant

Silas Kiptui

12th Defendant

Zeddie Jeptoo Kiptoo

13th Defendant

Norman Mumo Jeremiah

14th Defendant

Abdul Aziz Kanji

15th Defendant

Job Kipnandi Chebon

16th Defendant

Wilson Gacanja

17th Defendant

Sammy K. Mwaita

18th Defendant

and

Peterson Gichaba

Interested Party

Samuel Ombiro

Interested Party

Douglas Karoki

Interested Party

Salome Orora

Interested Party

Ruth Wambui

Interested Party

Abdala Yusuf

Interested Party

Obed Kemei

Interested Party

Hussein E. Sarana

Interested Party

Christopher Misisre

Interested Party

John Wainaina

Interested Party

Elijah Gesusu

Interested Party

P.A.G Church

Interested Party

Radion Ntabo

Interested Party

Paul N. Michira

Interested Party

Jonea N. Ogochi

Interested Party

Amina Omar

Interested Party

Mary Ngendo

Interested Party

Jackline Imija

Interested Party

Aden Mohamed

Interested Party

Paul Mongare

Interested Party

Charles A. Indeche

Interested Party

Ruling

1. This is a ruling in respect of a Notice of Motion dated 12th April, 2021 in which twenty-one proposed interested parties are seeking to be joined in this consolidated suit on the ground that they purchased various portions from the 15th Defendant. They purchased their portions from LR No. Eldoret/Municipality Block 15/1819. They are also seeking for leave to file a response in this case by filing an affidavit.

2. The proposed interested parties state that they are innocent purchasers for value without any notice of any defect in the title held by the 15th Defendant. A look at the sale agreements show that it is only seven proposed interested parties who purchased their portions from Nyachiro & Company Advocates who had authority to sell the plots on behalf of the 15th Defendant. The seven purchased their portions between 21/6/2004 and 15/1/2007. The 1st Proposed Interested party purchased a second plot on 19/1/2021 from Bernard Nyagaka Ogari.

3. The rest of the proposed Interested parties did not file a single document to show what interest they have in the land held by the 15th Defendant.

4. The Plaintiff/Respondent filed a replying affidavit in which it contends that indeed it is only seven proposed interested parties who filed copies of sale agreements. They did not file any copies of receipts to show that they paid for those plots. The Plaintiff/Respondent also argued that the proposed Interested parties will bring no value to the case which will assist the court to determine this suit. It was further contended that the 15th Defendant has title and is in a position to defend his case without the proposed Interested parties being joined in this suit.

5. I have carefully considered the proposed Interested parties’ application as well as submissions filed by them. The authorities cited show that an Interested party should demonstrate sufficient legal interest and that he/she will be affected in a particular way if he/she is not joined. Besides this, it has to be shown that the joinder will assist the court to determine the issue with finality.

6. In the instant case, the 15th Defendant is represented by counsel. The court will address the issues in controversy without necessarily allowing the proposed interested parties to this suit. This case was filed in 2009. It was later consolidated with about six others. If the proposed Interested parties were keen on pursuing titles, the 15th Interested parties would have had the 15th Defendant’s land subdivided so that they would be having titles even before the cases were filed which would have then given them sufficient legal interest as to call for their joinder in this case. Otherwise I do not find any merit in his application which is dismissed with costs to the Plaintiff/Respondent.It is so ordered.

DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 30TH DAY OF OCTOBER, 2023. E. O. OBAGAJUDGEIn the virtual presence of;M/s Kavita for M/s Githinji for Plaintiff/Respondent.M/s Kosgei for M/s Omboto for proposed Interested parties.Court Assistant –LabanE. O. OBAGAJUDGE30TH OCTOBER, 2023