[2016] KEHC 5873 (KLR)
The court determined that, in the interest of justice and to ensure all parties are adequately heard, interim orders previously granted should be extended. Directions were issued allowing the 2nd respondent additional time to prepare and highlight its submissions, and all parties were permitted to file concise...
Source-derived case information.
- Citation
- [2016] KEHC 5873 (KLR)
- Parties
- Plaintiff: Mohamud Iltarakwa Kochale; Plaintiff: Kochale Somo Chale; Plaintiff: Issa Jitewe Gambare; Plaintiff: David Tamasot Arakhole; Plaintiff: William Lengoyiap; Plaintiff: Sekotey Seye; Defendant: Lake Turkana Wind Power Ltd; Defendant: Marsabit County Government; Defendant: The Attorney General; Defendant: Chief Land Registrar; Defendant: The National Land Commission; Interested Party: Aaron Iltele Lesiantam; Interested Party: Henry Parasian Sakalpo; Interested Party: Stephen Nakeno; Interested Party: Job Lmalasian Lengoya; Interested Party: Dair Lentipan
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 163 of 2014
- Procedural Posture
- Civil Suit / Directions on Hearing of Notice of Motion Application Dated 14.10.2014
- Outcome
- Directions issued for hearing of notice of motion; interim orders extended.
- Judges
- FM Njoroge
- Legal Topics
- Land Disputes, Interim Orders, Notice of Motion, Environmental Impact, Community Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohamud Iltarakwa Kochale
Plaintiff
Kochale Somo Chale
Plaintiff
Issa Jitewe Gambare
Plaintiff
David Tamasot Arakhole
Plaintiff
William Lengoyiap
Plaintiff
Sekotey Seye
Plaintiff
Lake Turkana Wind Power Ltd
Defendant
Marsabit County Government
Defendant
The Attorney General
Defendant
Chief Land Registrar
Defendant
The National Land Commission
Defendant
Aaron Iltele Lesiantam
Interested Party
Henry Parasian Sakalpo
Interested Party
Stephen Nakeno
Interested Party
Job Lmalasian Lengoya
Interested Party
Dair Lentipan
Interested Party
Procedural Posture
Civil Suit / Directions on Hearing of Notice of Motion Application Dated 14.10.2014
Legal Issues
- 1 Whether interim orders should be extended pending the hearing of the notice of motion application.
- 2 What directions should be given for the hearing and submissions on the DR's report.
- 3 Whether all parties should be allowed to file further submissions.
Ratio Decidendi
The court determined that, in the interest of justice and to ensure all parties are adequately heard, interim orders previously granted should be extended. Directions were issued allowing the 2nd respondent additional time to prepare and highlight its submissions, and all parties were permitted to file concise submissions on the DR's report. The court emphasized the need for procedural fairness and efficient management of the proceedings, setting a clear timeline for the next steps and reserving a date for further directions and the pronouncement of a ruling.
Court Disposition
Directions issued for hearing of notice of motion; interim orders extended.
Orders
- 2nd respondent allowed to highlight submissions on 23/05/2016.
- All parties allowed to file 2-page submissions on the DR's report 10 days before next mention date.
Full Case Text
Judgment text and source record
36 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT MERU
CIVIL SUIT NO. 163 OF 2014
MOHAMUD ILTARAKWA KOCHALE....................1ST PLAINTIFF/APPLICANT
KOCHALE SOMO CHALE.....................................2ND PLAINTIFF/APPLICANT
ISSA JITEWE GAMBARE.....................................3RD PLAINTIFF/APPLICANT
DAVID TAMASOT ARAKHOLE.............................4TH PLAINTIFF/APPLICANT
WILLIAM LENGOYIAP...........................................5TH PLAINTIFF/APPLICANT
SEKOTEY SEYE........................................................6TH PLAITIFF/APPLICANT
(Suing on behalf of the residents of Laisamis Constituency and Karare Ward of Marsabit County)
VERSUS
LAKE TURKANA WIND POWER LTD..............1ST DEFENDANT/RESPONDENT
MARSABIT COUNTY GOVERNMENT..............2ND DEFENDANT/RESPONDENT
THE ATTORNEY GENERAL...............................3RD DEFENDANT/RESPONDENT
CHIEF LAND REGISTRAR..................................4TH DEFENDANT/RESPONDENT
THE NATIONAL LAND COMMISSION.............5TH DEFENDANT/RESPONDENT
AARON ILTELE LESIANTAM...........................................1ST INTERSTED PARTY
HENRY PARASIAN SAKALPO......................................2ND INTERESTED PARTY
STEPHEN NAKENO........................................................3RD INTERESTED PARTY
JOB LMALASIAN LENGOYA........................................4TH INTERESTED PARTY
DAIR LENTIPAN.............................................................5TH INTERESTED PARTY
(As representatives of the residents of Loiyangalani District, Marsabit County
RULING CONTAINING DIRECTIONS ON HOW THE NOTICE OF MOTION APPLICATION DATED 14. 10. 2014 IS TO BE HEARD.
The parties appeared before me on 09/03/2016. These are the directions of the Court:-
1. 2nd Respondent reluctantly allowed to sort out its house and highlight its Submissions on 23/05/2016 on which date a date for a Ruling in this matter will be pronounced.
2. All Parties allowed to put in a 2 pages Conspectus/Submissions on the DR's report and file and serve the same 10 days before the next mention date.
3. In terms of Section 63, CPA, Interim orders are extended.
4. Highlighting of Submissions by the 2nd Defendant and further Directions on 23/05/2016.
Delivered in Open Court at Meru this 9th day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Sagana/Miss Hashi for Plaintiff Applicant
Wairoto for 1st Respondent
Wairoto h/b Kiprop for Interested Parties
Miss Kungu for 3rd,4th and 5th Respondents
P.M. NJOROGE
JUDGE