[2018] KEELC 844 (KLR)
The court determined that the application raised significant public interest concerns, as substantial public funds had already been invested in the construction project. The risk of further loss to the public if the contractor abandoned the work outweighed the need to maintain the status quo. The court found that...
Source-derived case information.
- Citation
- [2018] KEELC 844 (KLR)
- Parties
- Plaintiff: Zipporah Jepkemboi Korir; Plaintiff: Andrew Arap Rotich; Defendant: Ministry of Education; Defendant: Attorney General; Defendant: Elisha Busienei; Defendant: County Government of Uasin Gishu; Defendant: Belion Contractors; Defendant: Rift Valley Technical Training Institute
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 56 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Set Aside Status Quo Order
- Outcome
- application partially allowed
- Judges
- A Ombwayo
- Legal Topics
- Status Quo Orders, Public Interest Projects, Construction Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Jepkemboi Korir
Plaintiff
Andrew Arap Rotich
Plaintiff
Ministry of Education
Defendant
Attorney General
Defendant
Elisha Busienei
Defendant
County Government of Uasin Gishu
Defendant
Belion Contractors
Defendant
Rift Valley Technical Training Institute
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Set Aside Status Quo Order
Legal Issues
- 1 Whether the status quo order should be set aside to allow completion of construction on the suit property.
- 2 Whether public interest justifies allowing the contractor to complete the project despite the ongoing dispute.
Ratio Decidendi
The court determined that the application raised significant public interest concerns, as substantial public funds had already been invested in the construction project. The risk of further loss to the public if the contractor abandoned the work outweighed the need to maintain the status quo. The court found that any loss suffered by the plaintiffs could be compensated by the state. Therefore, in the interest of justice, the court reviewed and varied its earlier order to allow the contractor to complete the construction, but directed that the handing over of the completed project should await the final decision of the court.
Court Disposition
application partially allowed
Orders
- The contractor is allowed to complete the construction of the structure on the suit property.
- The handing over of the completed project to the applicant shall await the final decision of the court.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E & L CASE NO. 56 OF 2016
ZIPPORAH JEPKEMBOI KORIR..........................................1ST PLAINTIFF
ANDREW ARAP ROTICH.......................................................2ND PLAINTIFF
VERSUS
MINISTRY OF EDUCATION.................................................1ST DEFENDANT
ATTORNEY GENERAL.........................................................2ND DEFENDANT
ELISHA BUSIENEI.................................................................3RD DEFENDANT
COUNTY GOVERNMENT OF UASIN GISHU...................4TH DEFENDANT
BELION CONTRACTORS.....................................................5TH DEFENDANT
RIFT VALLEY TECHNICAL TRAINING INSTITUTE.....6TH DEFENDANT
RULING
The application before court is dated 11. 9.2018 brought by Rift Valley Technical Training Institute wherein the applicant prays that the order issued by this court for parties to maintain status quo in this matter be set aside to the extent of allowing the 5th defendant, Contractor to complete the construction work and hand over the project to the 6th defendant/applicant.
The application is based on grounds that the suit property is under possession of the government of Kenya but the same has a construction of a technical institute. That the site is 90% complete. The contractor has been kept on site for 2 years occurring unnecessary inconvenience.
The application is supported by the affidavit of Edwin Mutai Tarno who states that the suit property is under possession of the government of Kenya and utilization by the Kenya Technical Institute. The 5th defendant is a contractor. The construction made is 90% and has been pending for approximately 2 years. It is alleged that there is a lot of public interest.
This court finds that the application raises issues of great public interest as a lot of public money has been invested into the project and that the public is likely the lose more money if the contractor abandons the work. The state in any event can compensate the plaintiff for any loss likely to be suffered.
In the interest of justice, I do review and order that the contractor be allowed to complete the construction of the structure, however, the handing over to await the final decision of the court. Orders accordingly.
Dated and delivered at Eldoret this 6th day of November, 2018.
A. OMBWAYO
JUDGE