[2023] KEELC 17551 (KLR)

[2023] KEELC 17551 (KLR)

The court held that the 1st Defendant was entitled to be furnished with a copy of the ruling and proceedings upon payment of the applicable fee, as this is a procedural right. Leave to appeal was granted as the applicant had demonstrated an arguable case. However, the court declined to grant a stay of execution,...

Source-derived case information.

Citation
[2023] KEELC 17551 (KLR)
Parties
Plaintiff: Mohamud Iltarakwa Kochale; Plaintiff: Kochale Somo Chale; Plaintiff: Issa Jitewe Gambare; Plaintiff: David Tomasot Arakhole; Plaintiff: William Lengoyiap; Plaintiff: Sekotey Seye; Defendant: Lake Turkana Wind Power Ltd; Defendant: The Attorney General; Defendant: Chief Land Registrar; Defendant: The National Land Commission; Interested Party: Aaron Iltele Lesianntam; Interested Party: Henry Parasian Sakalpo; Interested Party: Stephen Nakeno; Interested Party: Job Lmalsian Lengoya; Interested Party: Dair Lentipan; Interested Party: Gitson Energy Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Environment & Land Case 163 of 2014
Procedural Posture
Environment and Land Case / Ruling on Application for Copy of Ruling, Leave to Appeal, and Stay of Execution
Outcome
Application partly allowed.
Judges
PM Njoroge, YM Angima, JG Kemei
Legal Topics
Leave to Appeal, Stay of Execution, Supply of Court Records
Source Language
en
Civil Procedure Land and Property Leave to Appeal Stay of Execution Supply of Court Records

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Summary, issues, holding and outcome

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Parties

Mohamud Iltarakwa Kochale

Plaintiff

Kochale Somo Chale

Plaintiff

Issa Jitewe Gambare

Plaintiff

David Tomasot Arakhole

Plaintiff

William Lengoyiap

Plaintiff

Sekotey Seye

Plaintiff

Lake Turkana Wind Power Ltd

Defendant

The Attorney General

Defendant

Chief Land Registrar

Defendant

The National Land Commission

Defendant

Aaron Iltele Lesianntam

Interested Party

Henry Parasian Sakalpo

Interested Party

Stephen Nakeno

Interested Party

Job Lmalsian Lengoya

Interested Party

Dair Lentipan

Interested Party

Gitson Energy Limited

Interested Party

Procedural Posture

Environment and Land Case / Ruling on Application for Copy of Ruling, Leave to Appeal, and Stay of Execution

Legal Issues

  1. 1 Whether the 1st Defendant should be furnished with a copy of the ruling and proceedings upon payment of fees.
  2. 2 Whether leave to appeal against the ruling should be granted to the 1st Defendant.
  3. 3 Whether a stay of execution of the orders should be granted.

Ratio Decidendi

The court held that the 1st Defendant was entitled to be furnished with a copy of the ruling and proceedings upon payment of the applicable fee, as this is a procedural right. Leave to appeal was granted as the applicant had demonstrated an arguable case. However, the court declined to grant a stay of execution, reasoning that the order sought to be stayed was a dismissal with negative connotations, which is not amenable to a stay since it does not require any positive act to be performed. The application for stay was therefore declined.

Court Disposition

Application partly allowed.

Orders

  • The 1st Defendant shall be supplied with a copy of today's ruling and a copy of proceedings upon payment of the applicable fee.
  • Leave is granted to the 1st Defendant to appeal against the ruling delivered today.