Kaptich Farmers Group (Through Ezekiel Maritim, Joseah, Chepkosiom And Elijah Chepkwony As The Chairman, Secretary And TreasurerbOf Kaptich Farmers Group) v Samson Maitamei Kapeen & 2 otherrs; Hellen Koskei & 45 others (Interested Parties) [2021] KEELC 1190 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA

AT NAROK

ELC  CASE NO. 4  OF 2020

KAPTICH FARMERS GROUP

(Through Ezekiel Maritim, Joseah,Chepkosiom and Elijah Chepkwony as the

Chairman, Secretary andTreasurerof Kaptich Farmers Group).......RESPONDENT/PLAINTIFF

VERSUS

SAMSON MAITAMEI KAPEEN.............................................................................................1ST DEFENDANT

JAMES KIPTENG...................................................................................................................2ND DEFENDANT

ESTATE OF NORMAN KILAKOI OLE LEPORE (DECEASED)....................................3RD DEFENDANT

AND

HELLEN KOSKEI.............................................1ST APPLICANT/INTERESTED PARTIES & 45 OTHERS

RULING

By a Notice of Motion dated 28/7/2020 the applicant sought for orders to be enjoined in the substantive suit as 1st to 46th interested parties.  The application is based on the ground that there existed various contractual relationship between the 1st Defendant and the Applicants/Intended Interested parties with regard to land parcel No. NAROK/CIS/MARA-OLOLOLUNGA/127 and that in the event that they are not enjoined in the suit herein.  They will not be able to ventilate their claim.

The applications was further supported by the Affidavit of Wesley Chepkwony, who is the third proposed interested party.  He contends that the portion of the land as claimed by the plaintiffs is registered in the names of three (3) proprietors with equal shares and that one if the co-owner Samson Maitamei Kapeen who is the 1st defendant sold his portion measuring 47. 07 hectares to the interested parties.   Individually, the applicant’s further contends that land parcel NAROK/CIS/MARA-OLOLOLUNGA/127 is no longer existence as the same was subdivided by the purchaser who are the applicants.

Despite being given chance the respondents have not opposed that said application.  I have considered the application before me and the submissions filed by the applicants.

An interested party is defined in Black’s Law Dictionary as;-

“ A party who has a recognizable stake (and therefore standing) in a matter.  A party who is closely connected to a law suit should be included in the case.”

In the case of Communications Commission of Kenya and 4 others =vs= Royal Media Services Limited and 7 others Petition No. 15 of (2014) eKLR.  The Supreme Court pronounced itself on who an Interested party is as one who has a stake in the proceedings; In the instant application by the mere fact that the Applicants claim to have purchased part of the suit land will definitely make them have a stake in the proceedings before court and are such entitled to the protection of their rights which would otherwise be adversely affected if not included as interested party.

The upshot of the above is that the Notice of motion dated 28/7/2020 is merited and I will allow the same and direct that the intended/interested party be enjoined in the suit herein as the 1st to 46th interested parties.

DELIVERED, SIGNED AND DATED AT NAROK THIS 27th DAY OF OCTOBER,2021

MOHAMED N. KULLOW

JUDGE