Crescent Construction Company Limited v Detho & 2 others; Kenya Deposit Insurance Corporation & another (Intended Interested Party) (Constitutional Petition 75 of 2010)  KEHC 2617 (KLR) (Constitutional and Human Rights) (31 March 2023) (Ruling)
Neutral citation:  KEHC 2617 (KLR)
Republic of Kenya
Constitutional Petition 75 of 2010
AC Mrima, J
March 31, 2023
Crescent Construction Company Limited
Rose Detho & 2 others
Kenya Deposit Insurance Corporation
Intended Interested Party
Charterhouse Bank Limited (In Liquidation
Intended Interested Party
1.The application under consideration in this ruling is the notice of motion dated August 16, 2021. It was taken out by Kenya Deposit Insurance Corporation and Charterhouse Bank Limited (in liquidation) as the applicants.
2.The application was not opposed by any of the parties.
3.I have carefully perused the application and the submissions by the applicants.
4.This court dealt with the issue of joinder of interested parties in Nairobi High Court constitutional petition No E371 of 2021 Esther Awuor Adero Ang’awa v Cabinet Secretary responsible for matters relating to Basic Education & others (unreported). This is what I rendered: -
5.Deriving from the foregoing, the following conditions are relevant in the consideration of joinder applications: -
6.I will now apply the foregoing considerations to the application at hand.
7.The petitioner’s claim was inter alia prompted by the action of the 2nd respondent acting with the approval of the 3rd respondent in revoking the powers and mandate of the board of directors of the 2nd intended interested party and vesting the same in the 1st respondent as the statutory manager with knowledge that the declaration of moratorium would deprive the petitioner its deposits held by the 2nd intended interested party. The petitioner alleged that, as a result thereof, it suffered colossal losses in several contracts which it was to undertake using the money it had, specifically and with the knowledge of the 2nd intended interested party, deposited for purposes of the contracts.
8.The Kenya Deposit Insurance Corporation (1st Intended interested party) is the current liquidator of the Charterhouse Bank Limited (in liquidation), the 2nd intended interested party.
9.Given the nature of the petitioner’s claim, it is imperative that the intended interested parties be heard on the dealings of the 2nd intended interested party with the petitioner. That way, this court will be in a position to adequately deal with the dispute at hand. In fact, without the input of the 2nd intended interested party, then the petitioner will be raising issues against parties who cannot really attest to.
10.The intended interested parties have satisfied most of the conditions for joinder. It is in the best interest of justice that they be enjoined.
11.Having said so, it is this court finding and holding that the application for joinder is merited.
12.In the end, the following final orders do hereby issue: -(a)The notice of motion dated August 16, 2021 by the intended interested parties is hereby allowed.(b)The Kenya Deposit Insurance Corporation shall henceforth appear as the 1stinterested party and the Charterhouse Bank Limited (in liquidation), as the 2nd interested party.(c)Costs of the applications shall be in the petition.(d)This matter shall be placed before the presiding judge for further directions.Orders accordingly.
DELIVERED, DATED AND SIGNED AT KITALE THIS 31ST DAY OF MARCH, 2023A. C. MRIMAJUDGERuling delivered virtually in presence of:Mr. Kagongo, Counsel for the Petitioner.Miss Kipngeno for Mr. Muchiri, Counsel for the proposed 1st & 2nd Interested parties.Miss Ann Kime for Mr. Chacha Odera, Counsel the 1st & 2nd Respondents.N/A, for the 3rd Respondent.Regina/Chemutai – Court Assistants