Jeremiah Mbithi & 13 others v Athi Water Service Board; County Government of Machakos & another (Intended Interested Parties) [2020] eKLR Case Summary

Court
Environment and Land Court at Machakos
Category
Civil
Judge(s)
O.A. Angote
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 case summary of Jeremiah Mbithi & 13 others v Athi Water Service Board, examining the legal intricacies and implications involving the County Government of Machakos and intended interested parties.

Case Brief: Jeremiah Mbithi & 13 others v Athi Water Service Board; County Government of Machakos & another (Intended Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: Jeremiah Mbithi & Others v. Athi Water Service Board & Others
- Case Number: ELC. CASE NO. 64 OF 2019
- Court: Environment and Land Court at Machakos
- Date Delivered: October 9, 2020
- Category of Law: Civil
- Judge(s): O.A. Angote
- Country: Kenya

2. Questions Presented:
The central legal issues before the court relate to whether the Athi Water Service Board can amend its defense and whether the Machakos County Government and the Tanathi Water Works Development Agency should be joined as interested parties in a suit concerning the compensation of landowners affected by the Miwongoni River Dam Project.

3. Facts of the Case:
The plaintiffs, led by Jeremiah Mbithi, are landowners in the Kathekakai area of Machakos County who claim that their land is being used for the Miwongoni River Dam Project without compensation. They allege that the Defendant, Athi Water Service Board, conducted feasibility studies and awarded contracts for the dam's construction without consulting them. The Defendant seeks to amend its defense and join the Machakos County Government and the Tanathi Water Works Development Agency as interested parties, asserting that these entities will benefit from the project and are necessary for resolving potential land disputes.

4. Procedural History:
The application was filed on February 5, 2020, under various provisions of the Civil Procedure Rules and the Civil Procedure Act. The plaintiffs opposed the application, arguing that the essential issue is whether they were compensated for their land, and that the proposed interested parties are not privy to the contracts or negotiations regarding the project. The court considered written submissions from both parties and relevant case law regarding the criteria for joining interested parties.

5. Analysis:
- Rules: The court referenced Order 1 Rule 10 (2) of the Civil Procedure Rules, which allows for the addition of parties whose presence is necessary for the court to adjudicate effectively. The court also considered the definitions of "interested party" and "necessary party" from Black's Law Dictionary.
- Case Law: The court cited *Pravin Bowry v. John Ward & Another (2015) eKLR* and *Judicial Service Commission v. Speaker of the National Assembly & Another (2013) eKLR*, which establish the criteria for determining the necessity of joining parties with a recognizable stake in the litigation.
- Application: The court found that the intended interested parties, the Machakos County Government and the Tanathi Water Works Development Agency, have a direct interest in the outcome of the case as they are responsible for the provision of water and sanitation services, which are affected by the dam project. The court ruled that their involvement is necessary to resolve all issues related to the project.

6. Conclusion:
The court ruled in favor of the application, allowing the Machakos County Government and the Tanathi Water Works Development Agency to be joined as defendants in the suit. This decision underscores the importance of involving all relevant parties in cases concerning public projects that affect community interests.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The ruling in *Jeremiah Mbithi & Others v. Athi Water Service Board & Others* is significant as it emphasizes the necessity of including all interested parties in civil proceedings, particularly in cases involving public infrastructure projects. The court's decision to allow the joinder of the county government and the water agency highlights the interconnectedness of land use, public interest, and the legal rights of affected landowners. This case may set a precedent for similar future cases involving land acquisition and compensation in Kenya.

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