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ELCOtherMeru ELC Case No. 163 of 2014 (Formerly Nairobi ELC No. 1330 of 2014)· [2020] KEELC 2836 (KLR)
Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others (Interested Parties) [2020] KEELC 2836 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The court postponed the 'highlighting of issues' in the Lake Turkana Wind Power land dispute to October 2020 because of COVID-19 — no claims were decided.
What this practically means
#Executive summary
#This document is a short procedural ruling/orders of the Environment and Land Court at Meru (delivered in chambers at Chuka) in a long-running land suit brought by six plaintiffs on behalf of residents of Laisamis Constituency and Karare Ward of Marsabit County against Lake Turkana Wind Power Ltd, the Marsabit County Government, the Attorney General, the Chief Land Registrar and the National Land Commission, with five interested parties representing residents of Loiyangalani District. The matter had apparently reached the stage of highlighting of issues, but the court, citing 'complications brought about by the exigencies of the Corona Virus Crisis', noted that the highlighting had been handled on 18th, 19th and 20th May 2020 and unanimously agreed to postpone the highlighting of issues to 5th, 6th, 7th and 8th of October 2020, conditional on the pandemic situation stabilising and normal court operations resuming. The court made two directions: first, that the Chuka Deputy Registrar, as Presiding DR in the case, issue appropriate notices to the parties; and second, that subject to normalisation of court activities, the highlighting of issues proceed on the October 2020 dates. The order was delivered on 4th May 2020 by Presiding Judge P. M. Njoroge, with Court Assistant Ndegwa present. No substantive claims were determined, no findings on evidence or law were made, no relief was granted or refused on the merits, and no costs order was made. Advocates should treat this as a case-management direction only; the substantive dispute remains pending and undetermined by this order.
Key legal issues
#Legal principles established
#Court orders
#- 1.The Chuka DR, who is the Presiding DR in this case, to issue apposite notices to the parties.
- 2.Subject to court activities having normalized, highlighting of issues to be conducted on 5th, 6th, 7th and 8th of October, 2020.
- Jurisdiction invoked
- Environment and Land Court jurisdiction (no specific provision invoked in this order)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamud Iltarakwa Kochale & 5 others v Lake Turkana Wind Power Ltd & 4 others; Aaron Iltele Lesianntam & 4 others (Interested Parties) [2020] KEELC 2836 (KLR)", Case Analysis (2020). Meru ELC Case No. 163 of 2014 (Formerly Nairobi ELC No. 1330 of 2014). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2836/eng@2020-05-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.