[2022] KEELC 15260 (KLR)
The court found that although the petitioners had submitted their written submissions and supplementary affidavit, and had served the respondents, the documents were not placed on the court record due to an oversight by the registry. Additionally, some documents annexed to the petition were illegible and this issue...
Source-derived case information.
- Citation
- [2022] KEELC 15260 (KLR)
- Parties
- Applicant: George Ogayo Orodi; Applicant: Maurice Ochola Babu; Applicant: Tito Odindo Babu; Applicant: Benard Babu; Applicant: David Babu; Applicant: Vitalis Ochieng Adida; Applicant: Charles Omondi Oyaya; Applicant: Moses Oyaya; Applicant: Alfred Oginga Omiti; Applicant: George Ondiko; Applicant: George Awino; Applicant: Willis Oloo; Respondent: Emmanuel Oyier Oyugi; Respondent: Cabinet Secretary, Mining and Petroleum; Respondent: Attorney General; Respondent: Director of Mines and Geology; Respondent: National Environmental Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 7 of 2021
- Procedural Posture
- Environment and Land Petition / Ruling on Procedural Compliance Prior to Judgment
- Outcome
- Judgment arrested pending compliance; directions issued for filing of legible documents and mention for further directions.
- Judges
- AY Koross
- Legal Topics
- Filing of Documents, Service of Process, Court Record Management, Environmental Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
George Ogayo Orodi
Applicant
Maurice Ochola Babu
Applicant
Tito Odindo Babu
Applicant
Benard Babu
Applicant
David Babu
Applicant
Vitalis Ochieng Adida
Applicant
Charles Omondi Oyaya
Applicant
Moses Oyaya
Applicant
Alfred Oginga Omiti
Applicant
George Ondiko
Applicant
George Awino
Applicant
Willis Oloo
Applicant
Emmanuel Oyier Oyugi
Respondent
Cabinet Secretary, Mining and Petroleum
Respondent
Attorney General
Respondent
Director of Mines and Geology
Respondent
National Environmental Authority
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Procedural Compliance Prior to Judgment
Legal Issues
- 1 Whether the petitioners' written submissions and supporting documents were properly filed and served.
- 2 Whether the court record was complete and legible for purposes of rendering judgment.
- 3 What orders should issue in light of missing or illegible documents.
Ratio Decidendi
The court found that although the petitioners had submitted their written submissions and supplementary affidavit, and had served the respondents, the documents were not placed on the court record due to an oversight by the registry. Additionally, some documents annexed to the petition were illegible and this issue had not been addressed by the petitioners' counsel. In the interest of justice and to ensure a fair hearing, the court exercised its inherent powers to arrest the delivery of judgment and directed the petitioners to file clear and legible copies of the relevant documents within 14 days. The court further ordered a mention to confirm compliance and to set a judgment date, with...
Court Disposition
Judgment arrested pending compliance; directions issued for filing of legible documents and mention for further directions.
Orders
- Judgment in the matter is arrested pending remittance of clear and legible copies of documents by the petitioners within 14 days.
- Mention to confirm compliance and take a judgment date on January 31, 2023.
Full Case Text
Judgment text and source record
54 paragraphs
Orodi & 11 others v Oyugi & 3 others; National Environmental Authority (Interested Party) (Environment & Land Petition 7 of 2021) [2022] KEELC 15260 (KLR) (8 December 2022) (Ruling)
Neutral citation: [2022] KEELC 15260 (KLR)
Republic of Kenya
In the Environment and Land Court at Siaya
Environment & Land Petition 7 of 2021
AY Koross, J
December 8, 2022
Between
George Ogayo Orodi
1st Petitioner
Maurice Ochola Babu
2nd Petitioner
Tito Odindo Babu
3rd Petitioner
Benard Babu
4th Petitioner
David Babu
5th Petitioner
Vitalis Ochieng Adida
6th Petitioner
Charles Omondi Oyaya
7th Petitioner
Moses Oyaya
8th Petitioner
Alfred Oginga Omiti
9th Petitioner
George Ondiko
10th Petitioner
George Awino
11th Petitioner
Willis Oloo
12th Petitioner
and
Emmanuel Oyier Oyugi
1st Respondent
Cabinet Secretary, Mining and Petroleum
2nd Respondent
Attorney General
3rd Respondent
Director of Mines and Geology
4th Respondent
and
National Environmental Authority
Interested Party
(Originally Kisumu ELC Petition No. E002 of 2021)
Ruling
1. The petition that is the subject of this ruling was transferred from Kisumu ELC on October 28, 2021. Prior to its transfer, the court had directed parties to dispose of the petition by way of written submissions.
2. When this matter was scheduled for directions on September 20, 2022, the petitioners’ counsel Mr Ochieng notified the court that he had filed his written submissions. Consequently, the court on October 4, 2022 directed counsel to serve all parties with a mention notice; which he did and the petition was reserved for judgment.
3. As the court was writing its judgment, it noted that some of the petitioners’ documents were not legible and their submissions were missing from the court file.
4. Upon being contacted of these anomalies by the registry, the petitioners’ counsel on diverse dates of November 5, 2022 and November 30, 2022, submitted the petitioner’s written submissions and supplementary affidavit together with an email extract which demonstrated that these documents were remitted to the registry for purposes of filing on July 5, 2022.
5. Although there is evidence that the respondents were duly served on July 27, 2022 by the petitioners’ counsel, it is unfortunate that by oversight, the registry never placed these documents in the court record. However, the issue of the illegible and unclear documents that were annexed to the petition have not been addressed by counsel more specifically the order that was issued by NEMA and the bundle of photographs.
6. In the circumstances, and, in exercise of its powers under sections 1A, 1B 1(a) and 3A of the Civil Procedure Act, this court issues the following disposal orders–a.That judgment in this matter be and is hereby arrested pending remittance of clear and legible copies of documents by the petitioners within 14 days from today.b.Mention to confirm compliance and take a judgment date on January 31, 2023. c.Mention notice to be served on all the parties.d.That there shall be no orders as to costs.
7. It is so ordered.
DELIVERED AND DATED AT SIAYA THIS 8TH DAY OF DECEMBER 2022. HON AY KOROSSJUDGE8/12/2022JUDGMENT DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS VIDEO CONFERENCING PLATFORM IN OPEN COURT IN THE PRESENCE OF:MR. OCHIENG FOR THE PETITIONERN/A FOR THE RESPONDENTSCOURT ASSISTANT: ISHMAEL ORWA