[2025] KEHC 10497 (KLR)

[2025] KEHC 10497 (KLR)

The court found that the applicants had demonstrated an arguable case on the face of the application, particularly regarding alleged breaches of environmental law and regulatory compliance by the respondents. The court held that the threshold for leave to institute proceedings had been met, as the issues raised were...

Source-derived case information.

Citation
[2025] KEHC 10497 (KLR)
Parties
Applicant: Lily Maureen Murugi; Applicant: Collins Nabiswa; Applicant: Ojuro Telford Aduda; Applicant: Philomena Olesi Okwemba; Applicant: Robert Idewa Omuse; Applicant: Mercy Camilla Wang’Oma; Applicant: Mark Anthony Muoki; Applicant: Abuom Kidron Otieno; Applicant: Recheal Namukemo; Applicant: Daniel Ong’Ao Makori; Applicant: Adventine Mkoya; Applicant: Timothy Kamande; Applicant: JMK (Minor) Suing through her next friend Jacinta Mukene Kivuva (Mother); Applicant: Jacinta Mukene Kivuva; Applicant: Andrew Wabwire Chacha; Applicant: Brian Busu; Applicant: Moureen Wanjiru Mbugua; Applicant: Felix Ochieng; Applicant: Elizabeth Njeri Ndegeah; Applicant: Belinda Akinyi Abuom; Applicant: Purity Nthamba Muia; Applicant: Doreen Mutanu Musyoka; Applicant: Yvonne Munyiva Musyoki; Applicant: Sarah Wambui Ndung’U; Applicant: Patrick Chem Ngeywo; Applicant: Onesmus Mulei Mutisya; Applicant: Alphonce Muthengi; Applicant: Virgina Wayua; Applicant: Jones Maundu Mbaluka; Applicant: Silas Otieno Odero; Applicant: Rose Mwende; Applicant: Alfred Juma Sikoyo; Applicant: Erick Odhiambo Ondiek; Applicant: Edwin Prince Okwero; Applicant: Lydia Wanja Githui; Applicant: Bonface Ndakala Saya; Applicant: Alvin Musyoka; Respondent: Derrick Kimathi t/a Maxxis Energy Nairobi Limited; Respondent: Derrick Kimathi & Derdols Tech Services Limited both t/a Derdols Petroleum Limited; Respondent: Mwangi Nguyo; Respondent: National Environment Management Authority (Nema); Respondent: Energy and Petroleum Regulatory Authority (Epra); Respondent: Nairobi City County; Respondent: Ministry Of Energy And Petroleum; Respondent: Ministry of Environment, Climate Change And Forestry; Respondent: The Honourable Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Application E571 of 2025
Procedural Posture
Miscellaneous Application / Ruling
Outcome
leave granted
Judges
NW Sifuna
Legal Topics
Leave to Institute Suit, Environmental Regulation, Joinder of Parties, Judicial Review
Source Language
en
Environmental Law Civil Procedure Leave to Institute Suit Environmental Regulation Joinder of Parties Judicial Review

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Parties

Lily Maureen Murugi

Applicant

Collins Nabiswa

Applicant

Ojuro Telford Aduda

Applicant

Philomena Olesi Okwemba

Applicant

Robert Idewa Omuse

Applicant

Mercy Camilla Wang’Oma

Applicant

Mark Anthony Muoki

Applicant

Abuom Kidron Otieno

Applicant

Recheal Namukemo

Applicant

Daniel Ong’Ao Makori

Applicant

Adventine Mkoya

Applicant

Timothy Kamande

Applicant

JMK (Minor) Suing through her next friend Jacinta Mukene Kivuva (Mother)

Applicant

Jacinta Mukene Kivuva

Applicant

Andrew Wabwire Chacha

Applicant

Brian Busu

Applicant

Moureen Wanjiru Mbugua

Applicant

Felix Ochieng

Applicant

Elizabeth Njeri Ndegeah

Applicant

Belinda Akinyi Abuom

Applicant

Purity Nthamba Muia

Applicant

Doreen Mutanu Musyoka

Applicant

Yvonne Munyiva Musyoki

Applicant

Sarah Wambui Ndung’U

Applicant

Patrick Chem Ngeywo

Applicant

Onesmus Mulei Mutisya

Applicant

Alphonce Muthengi

Applicant

Virgina Wayua

Applicant

Jones Maundu Mbaluka

Applicant

Silas Otieno Odero

Applicant

Rose Mwende

Applicant

Alfred Juma Sikoyo

Applicant

Erick Odhiambo Ondiek

Applicant

Edwin Prince Okwero

Applicant

Lydia Wanja Githui

Applicant

Bonface Ndakala Saya

Applicant

Alvin Musyoka

Applicant

Derrick Kimathi t/a Maxxis Energy Nairobi Limited

Respondent

Derrick Kimathi & Derdols Tech Services Limited both t/a Derdols Petroleum Limited

Respondent

Mwangi Nguyo

Respondent

National Environment Management Authority (Nema)

Respondent

Energy and Petroleum Regulatory Authority (Epra)

Respondent

Nairobi City County

Respondent

Ministry Of Energy And Petroleum

Respondent

Ministry of Environment, Climate Change And Forestry

Respondent

The Honourable Attorney General

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the applicants have met the threshold for leave to institute a suit against the respondents.
  2. 2 Whether the intended suit raises arguable issues relating to environmental regulation and compliance.
  3. 3 Whether the joinder of multiple applicants and respondents is proper in the circumstances.

Ratio Decidendi

The court found that the applicants had demonstrated an arguable case on the face of the application, particularly regarding alleged breaches of environmental law and regulatory compliance by the respondents. The court held that the threshold for leave to institute proceedings had been met, as the issues raised were not frivolous and warranted judicial consideration. The court further determined that the joinder of multiple applicants and respondents was proper in the circumstances, as the claims arose from a common set of facts and involved questions of law and fact that were best addressed collectively. The court emphasized the importance of ensuring that all potentially affected...

Court Disposition

leave granted

Orders

  • Leave is granted to the applicants to institute the intended suit against the respondents.
  • The applicants are to file and serve the substantive suit within 21 days.