M’Ringera v Public Trustee Meru County & 6 others; Nyamu & 2 others (Interested Parties) [2024] KEELC 4805 (KLR)

M’Ringera v Public Trustee Meru County & 6 others; Nyamu & 2 others (Interested Parties) (Environment & Land Case 16 of 2020) [2024] KEELC 4805 (KLR) (12 June 2024) (Ruling)

Neutral citation: [2024] KEELC 4805 (KLR)

Republic of Kenya

In the Environment and Land Court at Meru

Environment & Land Case 16 of 2020

CK Nzili, J

June 12, 2024

Between

Zablon Murungi M’Ringera

Plaintiff

and

The Public Trustee Meru County

1st Defendant

The County Land Adjudication And Settlement Officer Meru County

2nd Defendant

The County Land Adjudication And Settlement Surveyor Meru County

3rd Defendant

The Land Registrar Meru County

4th Defendant

The Director Of Land Adjudication & Settlement

5th Defendant

The Chief Land Registrar

6th Defendant

The Honourable Attorney General

7th Defendant

and

Asenath Kaimuri Nyamu

Interested Party

Karen Lesley Gaceri

Interested Party

Joseph Mworia

Interested Party

Ruling

1. The court, by an application dated 19. 3.2024, is asked to enjoin Asenath Kaimuri Nyamu, Karen Lesley Gaceri and Joseph Mworia as 1st, 2nd, and 3rd interested parties in this suit.

2. The application is supported by an affidavit of Asenath Kaimuri Nyamu sworn on 19. 3.2024. It is averred that the interested parties occupy L.R No’s. Kiirua/Nkando/605 and 5183, by virtue of a sale and transfer as a subdivision of the L.R No’s. Kiirua/Nkando 605 & 787. They have attached copies of sale agreements, mutation, applications, or consent and transfer as annexures marked AKN "1" – "6," respectively. They urge the court to allow them as interested parties in this suit; otherwise, they will be condemned unheard.

3. An interested party is any person who has a stake in a suit. The threshold was set in Francis Karioko Muruatetu & Another vs Republic & others (2016) eKLR, as one who will suffer prejudice if not joined in a suit. A party seeking to join must explain his relevance and the reason for believing that his presence will be valuable and different from those of other parties in the proceedings.

4. The proposed interested parties have sufficiently demonstrated purchasers' and occupiers' rights. I find them to be proper parties to the suit. The application is hereby allowed with no order as to costs.

DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERUON THIS 12TH DAY OF JUNE, 2024In presence ofC.A KananuAtheru & Ondiek for the plaintiffObwanda for respondentHON. C K NZILIJUDGEELC 16 OF 2020 - RULING 0