[2012] KEHC 2573 (KLR)
The court issued directions for the respondents who had not responded to the petition to file and serve their replies within 14 days. The court further directed that parties file and exchange written submissions within 21 days, with the petitioners to demonstrate that the petition raises a substantial question of...
Source-derived case information.
- Citation
- [2012] KEHC 2573 (KLR)
- Parties
- Applicant: Erick Mogire Nyakogo; Applicant: Rachael Ochando; Applicant: Joseph Ogembo; Applicant: Joel Nyandieka; Applicant: Justus Gatecha; Applicant: Absalom Odhiambo; Applicant: Samwel Karanja Mbuthi; Applicant: Hesbon Ikala; Respondent: Municipal Council of Nakuru; Respondent: The Hon. Minister for Environment & Mineral Resources; Respondent: The Hon. Attorney General; Respondent: National Environment Management Authority
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Petition 38 of 2011
- Procedural Posture
- Constitutional Petition / Directions
- Outcome
- directions issued for further pleadings and submissions; no final determination on merits
- Judges
- SP Ouko
- Legal Topics
- Right to Clean Environment, Enforcement of Fundamental Rights, Public Interest Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Mogire Nyakogo
Applicant
Rachael Ochando
Applicant
Joseph Ogembo
Applicant
Joel Nyandieka
Applicant
Justus Gatecha
Applicant
Absalom Odhiambo
Applicant
Samwel Karanja Mbuthi
Applicant
Hesbon Ikala
Applicant
Municipal Council of Nakuru
Respondent
The Hon. Minister for Environment & Mineral Resources
Respondent
The Hon. Attorney General
Respondent
National Environment Management Authority
Respondent
Procedural Posture
Constitutional Petition / Directions
Legal Issues
- 1 Whether the respondents have violated or infringed the petitioners. fundamental rights and freedoms under the Constitution.
- 2 Whether the petition raises a substantial question of law under Article 165(3)(b) of the Constitution.
Ratio Decidendi
The court issued directions for the respondents who had not responded to the petition to file and serve their replies within 14 days. The court further directed that parties file and exchange written submissions within 21 days, with the petitioners to demonstrate that the petition raises a substantial question of law regarding the alleged violation of their rights and fundamental freedoms. The matter was set for highlighting of submissions on a specified date. The directions were issued pursuant to Article 165(3)(b) of the Constitution, which empowers the High Court to determine questions relating to the violation of rights and fundamental freedoms.
Court Disposition
directions issued for further pleadings and submissions; no final determination on merits
Orders
- Respondents who have not responded to file and serve their replies within 14 days.
- Parties to file and exchange written submissions within 21 days, with petitioners to file first.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAKURU
Petition 38 of 2011
IN THE MATTERS OF ARTICLES 22 OF THE CONSTITUTION OF THE REPUBLIC OF KENYA
AND
IN THE MATTERS OF AN ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMSUNDER
ARTICLES 40, 42, 69, 70 OF THE CONSTITUTION, ARTICLE 12 OF THE INTERNATIONAL COVENANT OFSOCIAL
ECONOMIC AND CULTURAL RIGHTS AND THE EVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
BETWEEN
ERICK MOGIRE NYAKOGO...........................................................................................1ST PETITIONER
RACHAEL OCHANDO...................................................................................................2ND PETITIONER
JOSEPH OGEMBO........................................................................................................3RD PETITIONER
JOEL NYANDIEKA.........................................................................................................4TH PETITIONER
JUSTUS GATECHA......................................................................................................5TH PETITIONER
ABSALOM ODHIAMBO..............................................................................................6TH PETITIONER.
SAMWEL KARANJA MBUTHI......................................................................................7TH PETITIONER
HESBON IKALA............................................................................................................8TH PETITIONER
VERSUS
MUNICIPAL COUNCIL OF NAKURU........................................................................1st RESPONDENT
THE HON. MINISTER FOR ENVIRONMENT & MINERAL RESOURCES...........2ND RESPONDENT
THE HON. ATTORNEY GENERAL...........................................................................3RD RESPONDENT
NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY....................................4TH RESPONDENT
DIRECTIONS
Apart from the 4th respondent who has filed grounds of opposition, the rest have not responded to the petition.
It is now directed that:
i)those respondents who have not responded to file and serve their replies within 14 days;
ii)pursuant to Article 165(3)(b) of the Constitution, parties to file/exchange written submissions within 21 days, with the petitioners doing so first, to demonstrate that the petition raises a substantial question of law that the petitioners’ rights and fundamental freedoms have been violated or infringed by the respondents
iii)Highlight of the submissions on 27. 3.2012
W. OUKO
JUDGE