Case ID:184816

Kaptich Farmers Group (through Ezekiel Maritim, Joseah, Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer of Kaptich Farmers Group) v Samson Maitamei Kapeen & 2 others; Hellen Koskei & 45 others (Interested Parties) [2021] eKLR

Case Metadata

Case Number:

Environment and Land Case of 2020

Parties:

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)

Date Delivered:

27 Oct 2021

Case Class:

Civil

Court:

Environment and Land Court at Narok

Case Action:

Ruling

Judge(s):

Mohammed Noor Kullow

Citation:

Kaptich Farmers Group (through Ezekiel Maritim, Joseah, Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer of Kaptich Farmers Group) v Samson Maitamei Kapeen & 2 others; Hellen Koskei & 45 others (Interested Parties) [2021] eKLR

Court Division:

Environment and Land

County:

Narok

Case Outcome:

Notion of Motion of allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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 and

Treasurer

of Kaptich Farmers Group).......RESPONDENT/PLAINTIFF

VERSUS

SAMSON MAITAMEI KAPEEN.............................................................................................1

ST

DEFENDANT

JAMES KIPTENG...................................................................................................................2

ND

DEFENDANT

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

RD

DEFENDANT

AND

HELLEN KOSKEI.............................................1

ST

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 1

st

to 46

th

interested parties. The application is based on the ground that there existed various contractual relationship between the 1

st

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 1

st

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 1

st

to 46

th

interested parties.

DELIVERED, SIGNED AND DATED AT NAROK THIS 27

th

DAY OF OCTOBER,2021

MOHAMED N. KULLOW

JUDGE