[2014] KEHC 7526 (KLR)

[2014] KEHC 7526 (KLR)

The court held that withdrawal of Petition 305 of 2012 would have adverse juridical effects on the public interest, as several substantial constitutional issues raised in that petition—such as the right to property, right to a clean and healthy environment, and right to health—were not addressed in Petition 34 of 2013. The court found that Petition 305 of 2012 served as the conceptual foundation for the consolidated proceedings, and its withdrawal would compromise the ability of the parties and the court to fully address the public interest concerns at stake. The court further held that while the consolidated petition could proceed without the individual participation of the original...

Citation
[2014] KEHC 7526 (KLR)
Parties
Applicant: Peter Makau Musyoka; Applicant: Elijah Mutua Makanga; Applicant: Jacob Mbya Musyoka; Applicant: Francis Kithome Kitheka; Applicant: Andrew Kasee Mwinzi; Applicant: Nicholas Munywoki Mwasa; Applicant: Eric Mutua; Applicant: Dr. Titus Kivaa P.M.; Applicant: Prof. Paul Mumo Kisau; Applicant: Dr. Gideon Wathe Nzau; Applicant: Florence Mutwali Kitonga; Applicant: Particia Kisio Kimanzi; Applicant: Joseph Muthui Nzuni; Applicant: Margaret Munyoki; Applicant: Solomon Kimanzi Kivoto; Applicant: Eunice Keli Wambua; Applicant: David Kilonzo Maweu; Applicant: John Kimakio Mutia; Applicant: Nzomo Mulatia; Applicant: The Mui Coal Project Blocks C and D Liaison Committee; Respondent: Permanent Secretary, Ministry of Energy; Respondent: Hon Attorney General; Respondent: Principal Secretary, Ministry of Energy and Petroleum; Respondent: Principal Secretary, Ministry of Mining; Respondent: Principal Secretary, Ministry of Lands, Housing and Urban Development; Respondent: Fenxi Mining Industry Company Limited; Respondent: Great Lakes Corporation Limited; Respondent: Jingu Group China; Respondent: Commissioner of Mines & Geology; Respondent: National Environment Management Authority; Respondent: Mui Mines and Mineral Limited; Respondent: Law Society of Kenya; Respondent: Institution for Law & Environmental Governance; Respondent: Kituo Cha Sheria; Respondent: Kitui County Government; Respondent: Katiba Institute
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
17 March 2014
Case Number
Constitutional Petition 305 of 2012
Procedural Posture
Constitutional Petition / Ruling on Application to Withdraw and Set Aside Consolidation Order
Outcome
Application to set aside consolidation and withdraw Petition 305 of 2012 declined; individual petitioners allowed to withdraw from further participation.
Legal Topics
Public Interest Litigation, Right to Clean Environment, Right to Property, Public Participation, Access to Information, Mineral Resource Governance
Source Language
English
Constitutional Law Environmental Law Land and Property Public Interest Litigation Right to Clean Environment Right to Property Public Participation Access to Information +1 more

Case Brief

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Parties

Peter Makau Musyoka

Applicant

Elijah Mutua Makanga

Applicant

Jacob Mbya Musyoka

Applicant

Francis Kithome Kitheka

Applicant

Andrew Kasee Mwinzi

Applicant

Nicholas Munywoki Mwasa

Applicant

Eric Mutua

Applicant

Dr. Titus Kivaa P.M.

Applicant

Prof. Paul Mumo Kisau

Applicant

Dr. Gideon Wathe Nzau

Applicant

Florence Mutwali Kitonga

Applicant

Particia Kisio Kimanzi

Applicant

Joseph Muthui Nzuni

Applicant

Margaret Munyoki

Applicant

Solomon Kimanzi Kivoto

Applicant

Eunice Keli Wambua

Applicant

David Kilonzo Maweu

Applicant

John Kimakio Mutia

Applicant

Nzomo Mulatia

Applicant

The Mui Coal Project Blocks C and D Liaison Committee

Applicant

Permanent Secretary, Ministry of Energy

Respondent

Hon Attorney General

Respondent

Principal Secretary, Ministry of Energy and Petroleum

Respondent

Principal Secretary, Ministry of Mining

Respondent

Principal Secretary, Ministry of Lands, Housing and Urban Development

Respondent

Fenxi Mining Industry Company Limited

Respondent

Great Lakes Corporation Limited

Respondent

Jingu Group China

Respondent

Commissioner of Mines & Geology

Respondent

National Environment Management Authority

Respondent

Mui Mines and Mineral Limited

Respondent

Law Society of Kenya

Respondent

Institution for Law & Environmental Governance

Respondent

Kituo Cha Sheria

Respondent

Kitui County Government

Respondent

Katiba Institute

Respondent

Procedural Posture

Constitutional Petition / Ruling on Application to Withdraw and Set Aside Consolidation Order

Legal Issues

  1. 1 Whether the petitioners in a public interest constitutional petition can withdraw the petition after consolidation with another petition without adverse effects on public interest.
  2. 2 Whether withdrawal of Petition 305 of 2012 would prejudice unresolved constitutional issues including right to property, clean environment, and health.
  3. 3 Whether individual petitioners may withdraw from further participation without affecting the consolidated petition.

Ratio Decidendi

The court held that withdrawal of Petition 305 of 2012 would have adverse juridical effects on the public interest, as several substantial constitutional issues raised in that petition—such as the right to property, right to a clean and healthy environment, and right to health—were not addressed in Petition 34 of 2013. The court found that Petition 305 of 2012 served as the conceptual foundation for the consolidated proceedings, and its withdrawal would compromise the ability of the parties and the court to fully address the public interest concerns at stake. The court further held that while the consolidated petition could proceed without the individual participation of the original...

Court Disposition

Application to set aside consolidation and withdraw Petition 305 of 2012 declined; individual petitioners allowed to withdraw from further participation.

Orders

  • The oral application to set aside the consolidation order of 5th September, 2013 is declined.
  • The oral application to withdraw Petition 305 of 2012 is declined.