Karanu v Registrar of Companies & another [2025] KEHC 10473 (KLR)

Karanu v Registrar of Companies & another (Miscellaneous Application E171 of 2025) [2025] KEHC 10473 (KLR) (Civ) (8 April 2025) (Ruling)

Neutral citation: [2025] KEHC 10473 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Law Courts)

Civil

Miscellaneous Application E171 of 2025

NW Sifuna, J

April 8, 2025

Between

Richard Kamau Karanu

Applicant

and

The Registrar Of Companies

1st Respondent

Attorney General

2nd Respondent

Ruling

1. This ruling is from an Application by Dr Ann Muthoni Kamanu, and in which she is seeking to be joined in this Miscellaneous Cause as an Interested Party. The main reason she has stated for her proposed joinder, is that she is the Administrator and also beneficiary of the Late George Karanu who was her father.

2. Order 1 Rule 10(2) of the Civil Procedure Rules allows for joinder of a party whose presence and or participation in the suit, is necessary to enable the court effectually adjudicate the issues in the suit. The proposed Interested Party being a beneficiary and Administrator of the Estate of George Karanu who was her father. The Applicant in the main cause has also mentioned her as part of the household of the deceased.

3. This joinder Application has been considered by this Court in terms of the legal threshold for joinder stated in Order 1 Rule 10 of the Civil Procedure Rules, as well as the principles set by the Supreme Court of Kenya in the Mumo Matemu case.

4. Cardinal among the requirements for such joinder is that the Applicant should demonstrate having a legally recognizable stake in the matter the subject of the suit, or is a necessary party whose presence and/or participation in the suit is necessary for the court to effectively adjudicate the issues in the suit; or is such a person as shall be affected by orders sought in the suit or likely to granted to the suit.

5. Upon considering this joinder Application together with its Supporting Affidavit and the Response to it, I am satisfied that there is need to join the said Dr Anne Muthoni Karanu to this Miscellaneous Cause as an Interested Party.

6. Consequently, her Application for joinder is hereby allowed; and she is consequently hereby joined in this Miscellaneous Cause, as an Interested Party. There shall be no orders as to the costs.

DATED AND DELIVERED AT NAIROBI ON THIS 8THDAY OF APRIL 2025. PROF (DR) NIXON SIFUNAJUDGE