1.Before this court for determination me is a Notice of Motion dated March 2, 2023 filed by the proposed Interested Party pursuant to Order 1 Rule 10, Rule 2 and 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, Section 1, 1A, 3A and 63E of the Civil Procedure Act and Article 159 (2) (d) of the Constitution of Kenya.
2.The Applicant avers that he is a registered member of United Democratic Alliance Party who was validly nominated as a Member of County Assembly vide Gazette Notice No 101712 Vol CXXIV-NO 186 dated September 9, 2022.
3.According to the Applicant, the Petition filed herein has a direct bearing on him as it seeks to expunge his name from the list set out for nomination of the County Assembly of Kiambu. He therefore seeks to be enjoined in the proceedings so that he can participate in the Petition and the application so that it does not impede on his rights to access to justice and fair hearing under Articles 48 and 50 of the Constitution of Kenya.
4.The Applicant further states that he has an identifiable stake on the proceedings in this suit and his application should be allowed.
5.The Application was served upon the parties on March 14, 2023 and an Affidavit of Service sworn by Andrew Muli Philip sworn on March 14, 2023 duly filed.
Analysis and Determination
6.In considering this application, the first port of call on the issue of joinder of parties is underpinned under Order 1 Rule 10(2) of the Civil Procedure Rules states as follows:
7.Under Rule 2 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, an Interested Party is defined as follows:-
9.In this case, this court having read through the grounds upon which the application is premised is satisfied that the Applicant has a stake or interest in the proceedings by virtue of the fact that he has been mentioned in the Petition and the application as a nominee whose name was published in the Kenya Gazette as one of nominated members of the County Assembly of Kiambu. Therefore, any orders issued in this Petition will adversely affect the Applicant. In view of this, he is entitled to participate in the Petition herein.
10.Therefore, this court allows the Notice of Motion Application dated March 2, 2023 in the following terms:-a.The Proposed Interested Party be and is hereby enjoined in the suit as an Interested Party.b.The Plaintiff and the Respondents to serve the Interested Party with all the pleadings filed within seven (7) days from the date hereof.c.The Interested Party is hereby granted leave to file and serve any responses to the pleadings of the Plaintiff and Respondents within 21 days from the date of being served with all pleading by the other partites.d.The other parties be at liberty to file and serve further pleadings within seven (7) days of being served with responses by the Interested Party.e.The costs of the application shall be in the cause.It is so ordered.