Republic v Cabinet Secretary for Petroleum & Mining & 2 others Ex parte Dennis Ruto Kapchok (Suing on his Behalf and on behalf of the Citizens of Tamkal, Kiwawa, Alale, Ortum Sebit, Pusel and Chepchoi, Iyon Iyang River, Marich and Endough in West Pokot County; County Governmetn of West Pokot & another (Interested Parties) [2019] KEELC 680 (KLR)

Section 157 is general and covers decisions of the Minister including grant or denial of licences, so an appeal lay to the High Court. However, the court held that alternative remedies do not automatically oust its jurisdiction; it must consider the suitability and expedition of the statutory procedure. The gazette notices were challenged on unconstitutionality grounds for lack of public participation, and review before the 1st respondent would offer no greater expedition. Being a court of equal status to the High Court, competent under Article 162 and Section 13 of the ELC Act, it could not turn away the applicant.

Section 157 does not restrict appeals to decisions under specific provisions such as Sections 155 and 156. Section 37, which the applicant relied on, provides for consent of owners of private land but does not provide a dispute resolution mechanism or direct grievances to the Minister. Therefore the applicable challenge provision is Section 157.

Relying on the Coral Drive Homes and Meru Central District decisions, the court held that the objection to intitulement may be cured by amendment without prejudice, and since leave had already been granted the application for leave is spent and cannot be attacked by preliminary objection.