[2023] KEELC 17711 (KLR)
The court declined to grant a temporary injunction at this stage because not all respondents had filed and served their responses and submissions. Granting the injunction without hearing all parties would be contrary to the principles of fair hearing and justice as enshrined in the Constitution. The court emphasized...
Source-derived case information.
- Citation
- [2023] KEELC 17711 (KLR)
- Parties
- Applicant: Michael Kojo Otieno and another; Respondent: Homabay County Water and Sanitation Company Limited; Respondent: County Executive Committee Member for Environment, Water and Sanitation; Respondent: Lake Victoria South Water Works Agency; Respondent: County Director of Nema (Homabay) County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Homa Bay
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition E001 of 2023
- Procedural Posture
- Environment and Land Petition / Interlocutory Application for Temporary Injunction; Ruling on Prayer for Interim Relief
- Outcome
- Temporary injunction declined at this stage; directions issued for filing and service of responses and submissions.
- Judges
- GMA Ongondo
- Legal Topics
- Temporary Injunctions, Service of Process, Right to Be Heard, Alternative Dispute Resolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kojo Otieno and another
Applicant
Homabay County Water and Sanitation Company Limited
Respondent
County Executive Committee Member for Environment, Water and Sanitation
Respondent
Lake Victoria South Water Works Agency
Respondent
County Director of Nema (Homabay) County
Respondent
Procedural Posture
Environment and Land Petition / Interlocutory Application for Temporary Injunction; Ruling on Prayer for Interim Relief
Legal Issues
- 1 Whether a temporary injunction should be granted before all respondents have filed and served their responses and submissions.
- 2 Whether granting the injunction at this stage would violate the right to be heard under the Constitution.
Ratio Decidendi
The court declined to grant a temporary injunction at this stage because not all respondents had filed and served their responses and submissions. Granting the injunction without hearing all parties would be contrary to the principles of fair hearing and justice as enshrined in the Constitution. The court emphasized the need for procedural fairness and directed all parties to file and serve their respective responses and submissions before the matter could proceed. The application was fixed for further directions, and the parties were encouraged to consider alternative dispute resolution mechanisms.
Court Disposition
Temporary injunction declined at this stage; directions issued for filing and service of responses and submissions.
Orders
- Temporary injunction not granted at this stage.
- 1st respondent to file and serve response to the applicant.
Full Case Text
Judgment text and source record
31 paragraphs
Otieno & another v Homabay County Water and Sanitation Company Limited & 2 others; County Director of Nema (Homabay) County (Interested Party) (Environment & Land Petition E001 of 2023) [2023] KEELC 17711 (KLR) (31 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17711 (KLR)
Republic of Kenya
In the Environment and Land Court at Homa Bay
Environment & Land Petition E001 of 2023
GMA Ongondo, J
May 31, 2023
Between
Michael Kojo Otieno and another
Petitioner
and
Homabay County Water and Sanitation Company Limited
1st Respondent
County Executive Committee Member for Environment, Water and Sanitation
2nd Respondent
Lake Victoria South Water Works Agency
3rd Respondent
and
County Director of Nema (Homabay) County
Interested Party
Ruling
1. This ruling is in respect of prayer number 2 for a temporary injunction sought in the petitioners’ application by way of a Notice of Motion dated April 19, 2023.
2. I have heard the petitioners in person, Ms N Nyarige learned counsel for the 1st respondent and Mr Oundo learned counsel for the 2nd respondents and in the absence of the 3rd respondent and interested party who were duly served as shown in the affidavits of service sworn on May 30, 2023.
3. The 1st respondent’s counsel has prayed for more time to file and serve response to the applicant and submissions on the petition. The petitioners have no objection thereto.
4. Since all the respondents are yet to file and serve responses and submissions in the application, it would not be in the interest of justice to grant prayer No 2 in the application at this stage without hearing all the parties herein; see Articles 48,50 (1) of the Constitution of Kenya, 2010 and James Kanyiita Nderitu and another v Marios Philotas Ghikas and another [2016] eKLR.
5. Accordingly, I decline to grant a temporary injunction at this stage of the application.
6. The 1st respondent to file and serve response to the applicant and the 2nd respondent as well as the 3rd respondent and the interested parties to file and serve submissions on the application within the same period.
7. The Petitioners to serve the 3rd respondent and the interested party accordingly.
8. The application is fixed for further directions on July 26, 2023.
9. Parties are hereby encouraged to embrace Alternative Dispute Resolution methods with a view to resolving this matter.
DATED AND DELIVERED AT HOMABAY THIS 31ST DAY OF MAY 2023. G.M.A ONG’ONDOJUDGEPRESENT1. Ms. Nyarige learned counsel for 1st respondent.2. Mr. Oundo learned counsel for 2nd respondent3. Court Assistant, Mutiva and Okello.