In the application dated 05.05.2023 the proposed interested party, Kenya Revenue Authority (KRA) seeks to be joined to this suit as an interested party. According to counsel on record, this is because there exists a mareva injunction against the property of the 4th Defendant which property KRA seeks to caveat in order to protect its right to collect taxes.
This is the Plaintiff’s suit against the Defendants. KRA has no cause of action against the Plaintiff or the Defendants which is related to and can be determined in the matter. It does not disclose the relief it seeks for the court to adjudicate as against the Plaintiff or the 4th Defendant. The addition of the proposed interested party would not assist the court determine or resolve the real issue in controversy between the parties which, in any case, do not involve KRA.
The application dated 05.05.2023 by the KRA as the proposed interested party is dismissed with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th day of JUNE 2023
D. S. MAJANJA
JUDGE