[2020] KEELC 2440 (KLR)
The court found that the application dated 20/7/2018 had already been dismissed on 8/10/2018 for non-attendance by the applicants. As such, there was no application pending before the court for determination. Any directions or orders issued by the court after the dismissal date regarding the hearing of the...
Source-derived case information.
- Citation
- [2020] KEELC 2440 (KLR)
- Parties
- Plaintiff: Njau Muchoki; Plaintiff: Japhet Ngige; Plaintiff: Karimi Muriithi; Plaintiff: Japhet Riungu Njau; Plaintiff: Linus Nkonge Mukindia; Plaintiff: Eliphaz Njagi Kiunga; Plaintiff: Marangu Justo; Defendant: KTDA Greater Meru Power Company Limited; Defendant: KTDA Power Company Limited; Defendant: Weru Tea Factory Limited; Defendant: Jiangxi Water & Hydropower Construction Company Limited; Defendant: Andritz Hydro GmbH; Defendant: National Environmental Management Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 113 of 2016
- Procedural Posture
- Environment and Land Case / Ruling on Application Dismissal and Directions
- Outcome
- Application dismissed for non-attendance; subsequent directions declared superfluous.
- Legal Topics
- Dismissal for Non Attendance, Reinstatement of Application, Court Directions, Environment and Land Court Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njau Muchoki
Plaintiff
Japhet Ngige
Plaintiff
Karimi Muriithi
Plaintiff
Japhet Riungu Njau
Plaintiff
Linus Nkonge Mukindia
Plaintiff
Eliphaz Njagi Kiunga
Plaintiff
Marangu Justo
Plaintiff
KTDA Greater Meru Power Company Limited
Defendant
KTDA Power Company Limited
Defendant
Weru Tea Factory Limited
Defendant
Jiangxi Water & Hydropower Construction Company Limited
Defendant
Andritz Hydro GmbH
Defendant
National Environmental Management Authority
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application Dismissal and Directions
Legal Issues
- 1 Whether the court can proceed to determine an application that was previously dismissed for non-attendance.
- 2 Whether directions issued after dismissal of the application are valid.
Ratio Decidendi
The court found that the application dated 20/7/2018 had already been dismissed on 8/10/2018 for non-attendance by the applicants. As such, there was no application pending before the court for determination. Any directions or orders issued by the court after the dismissal date regarding the hearing of the non-existent application were declared superfluous. The court emphasized that unless and until the dismissed application is reinstated through proper procedure, it cannot proceed to determine the issues raised in that application. The ruling was delivered electronically in compliance with COVID-19 practice directions, and parties were deemed to have waived the requirement for open court...
Court Disposition
Application dismissed for non-attendance; subsequent directions declared superfluous.
Orders
- Any directions given by the court after 8/10/2018 regarding the hearing of the dismissed application are declared superfluous.
- No further proceedings will be taken on the dismissed application unless it is reinstated.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC CASE NO. 113 OF 2016
NJAU MUCHOKI............................................................................. 1ST PLAINTIFF
JAPHET NGIGE...............................................................................2ND PLAINTIFF
KARIMI MURIITHI........................................................................3RD PLAINTIFF
JAPHET RIUNGU NJAU................................................................4TH PLAINTIFF
LINUS NKONGE MUKINDIA.......................................................5TH PLAINTIFF
ELIPHAZ NJAGI KIUNGA.......................................................... 6TH PLAINTIFF
MARANGU JUSTO........................................................................7TH PLAINTIFF
VERSUS
KTDA GREATER MERU POWER COMPANY LIMITED... 1ST DEFENDANT
KTDA POWER COMPANY LIMITED.....................................2ND DEFENDANT
WERU TEA FACTORY LIMITED............................................ 3RD DEFENDANT
JIANGXI WATER & HYDROPOWER CONSTRUCTION
COMPANY LIMITED..................................................................4TH DEFENDANT
ANDRITZ HYDRO GMBH.........................................................5TH DEFENDANT
NATIONAL ENVIRONMENTAL MANAGEMENT
AUTHORITY.................................................................................6TH DEFENDANT
DIRECTIONS/RULING
This court was to deliver a ruling in respect of the application dated 20/7/2018. A perusal of the record however reveals that the application does not exists, the same having been dismissed on 8. 10. 2018 for non-attendance by the applicants. Unless and until the said application is reinstated, the court cannot purport to proceed with the determination of the issues raised therein. In the circumstances, the directions given by the court after 8. 10. 2018 regarding the hearing of the non-existent application are declared superfluous. It is so ordered.
DATED, SIGNED AND DELIVERED AT MERU THIS 20TH DAY OF MAY, 2020
HON. LUCY. N. MBUGUA
ELC JUDGE
ORDER
The date of delivery of this ruling was given to the parties at the conclusion of the hearing and by a fresh notice by the Deputy Registrar. In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA
ELC JUDGE