REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. E126 OF 2025
HONOURABLE STELLAH ATAMBO………………....….PETITIONER
VERSUS
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION....1 ST RESPONDENT
DIRECTORATE OF CRIMINAL INVESTIGATIONS….2 ND RESPONDENT
ETHICS AND ANTI-CORRUPTION COMMISSION….3 RD RESPONDENT
THE CHIEF MAGISTRATE’S (ANTI-CORRUPTION COURT NAIROBI……………………………………………..….4 TH RESPONDENT
THE ATTORNEY GENERAL……………………………..5 TH RESPONDENT
KENYA MAGISTRATES AND JUDGES ASSOCIATION…APPLICANT
RULING
I have before me an application dated 15/3/2025, seeking leave to join the Kenya Magistrates and Judges Association as an interested party in these proceedings. The application is supported by affidavits of DM Sepu, the executive director of the applicant. There are also written submissions filed in support of the application. The main ground upon which the application is premises is that the applicant being an association of magistrates and judges, in which the petitioner is a member, has an interest in the outcome of these proceedings and would therefore wish to be joined therein as an interested party.
The application has been opposed by the 3 rd respondent on grounds that the applicant has no known interest in these proceedings. The 3 rd respondent has relied on several decisions, including Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR, a Supreme Court decision. The rest of the respondents in this petition do not oppose the application to join the applicant as an interested party.
I have considered the application and arguments by parties. I have also considered the decisions relied on. The application is before this court as a trial court. The application was brought before proceedings started and the court is asked to exercise its discretion under the rules of the court.
Rule 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedom) Practice and Procedure Rules, 2013, (Mutunga Rules) grants this court discretion to allow an interested party into proceedings, stating –
A party may with leave of the court make an oral or written application to be joined as an interested party.
The court may or its own motion join any interested party to the proceedings before it.
Rule (7) confers in the court unfettered discretion to allow an interested party through an informal or formal application.
The applicant is an association of magistrates and judges and wishes to participate in these proceedings as such. It has an interest on these proceedings more so, on the outcome of the proceedings. The 3 rd respondent has relied on Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others (supra) case to argue that this application should not be allowed. Whereas that decision is binding on this court, the application for joinder, was made in the Supreme Court at an appellate stage unlike the present application which has been made before this court at the trial stage.
The applicant has an interest on the outcome of this matter and the 3 rd respondent has not shown the prejudice it will suffer if the application is allowed. That may perhaps explain why all other respondents do not oppose the application for joinder. I do not, for my part, find good reason why the applicant should not be allowed to join these proceedings given that there is no prejudice to be suffered by any of the parties and the matter has not taken off.
I am satisfied that it will be in the interest of justice and for the benefit of all to allow the application. Consequently, the application dated 15/3/2025 is allowed. KENYA MAGISTRATES AND JUDGES ASSOCIATION IS HEREBY joined into these proceedings as the Interested Party. There will be no orders as to cost.
Dated and delivered at Nairobi this 8 th day of July, 2025 .
E C MWITA
JUDGE
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. E126 OF 2025
HONOURABLE STELLAH ATAMBO………………....….PETITIONER
VERSUS
OFFICE OF THE DIRECTOR OF PUBLIC PROSECUTION....1 ST RESPONDENT
DIRECTORATE OF CRIMINAL INVESTIGATIONS….2 ND RESPONDENT
ETHICS AND ANTI-CORRUPTION COMMISSION….3 RD RESPONDENT
THE CHIEF MAGISTRATE’S (ANTI-CORRUPTION COURT NAIROBI……………………………………………..….4 TH RESPONDENT
THE ATTORNEY GENERAL……………………………..5 TH RESPONDENT
KENYA MAGISTRATES AND JUDGES ASSOCIATION…APPLICANT
RULING
I have before me an application dated 15/3/2025, seeking leave to join the Kenya Magistrates and Judges Association as an interested party in these proceedings. The application is supported by affidavits of DM Sepu, the executive director of the applicant. There are also written submissions filed in support of the application. The main ground upon which the application is premises is that the applicant being an association of magistrates and judges, in which the petitioner is a member, has an interest in the outcome of these proceedings and would therefore wish to be joined therein as an interested party.
The application has been opposed by the 3 rd respondent on grounds that the applicant has no known interest in these proceedings. The 3 rd respondent has relied on several decisions, including Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others [2015] eKLR, a Supreme Court decision. The rest of the respondents in this petition do not oppose the application to join the applicant as an interested party.
I have considered the application and arguments by parties. I have also considered the decisions relied on. The application is before this court as a trial court. The application was brought before proceedings started and the court is asked to exercise its discretion under the rules of the court.
Rule 7 of the Constitution of Kenya (Protection of Rights and Fundamental Freedom) Practice and Procedure Rules, 2013, (Mutunga Rules) grants this court discretion to allow an interested party into proceedings, stating –
A party may with leave of the court make an oral or written application to be joined as an interested party.
The court may or its own motion join any interested party to the proceedings before it.
Rule (7) confers in the court unfettered discretion to allow an interested party through an informal or formal application.
The applicant is an association of magistrates and judges and wishes to participate in these proceedings as such. It has an interest on these proceedings more so, on the outcome of the proceedings. The 3 rd respondent has relied on Trusted Society of Human Rights Alliance v Mumo Matemu & 5 others (supra) case to argue that this application should not be allowed. Whereas that decision is binding on this court, the application for joinder, was made in the Supreme Court at an appellate stage unlike the present application which has been made before this court at the trial stage.
The applicant has an interest on the outcome of this matter and the 3 rd respondent has not shown the prejudice it will suffer if the application is allowed. That may perhaps explain why all other respondents do not oppose the application for joinder. I do not, for my part, find good reason why the applicant should not be allowed to join these proceedings given that there is no prejudice to be suffered by any of the parties and the matter has not taken off.
I am satisfied that it will be in the interest of justice and for the benefit of all to allow the application. Consequently, the application dated 15/3/2025 is allowed. KENYA MAGISTRATES AND JUDGES ASSOCIATION IS HEREBY joined into these proceedings as the Interested Party. There will be no orders as to cost.
Dated and delivered at Nairobi this 8 th day of July, 2025 .
E C MWITA
JUDGE