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ELCOtherNot stated in the extract (application dated 4th April, 2022)· [2022] KEELC 487 (KLR)
Mohamud Iltarakwa Kochale & 4 others v Lake Turkana Wind Power Ltd & 4 others; Aaraon Iletele Lesiantam & 4 others (As representatives of the residents of Loiyangalani District, Marsabit County) (Interested Paries) [2022] KEELC 487 (KLR)
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·~12 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short procedural ruling by the Environment and Land Court at Isiolo on a notice of application dated 4th April 2022 brought by the 1st Defendant, Lake Turkana Wind Power Ltd. The applicant sought urgent, partly ex parte orders: suspension of the 1-year compliance period set in the court's judgment of 19/10/2021; review of that judgment to extend the timeline for the 2nd to 5th Defendants to comply with existing laws on setting apart the suit properties (LR 28031/1 of approximately 40,000 acres and LR 28031/2 of approximately 110,000 acres at Loyangalani, South Horr, Marsabit County); structural interdict-style reporting directions every 12 months; and admission of further expert evidence on the setting apart/conversion process under the Community Land Act, 2016. The applicant argued the prior judgment declared the setting apart and its titles irregular and unconstitutional, that the repealed setting-apart regime (section 117 of the repealed Constitution and section 13 of the Trust Land Act) has been replaced by the Community Land Act framework which only communities can initiate, and that failure to regularize within one year would cause cancellation of titles and catastrophic losses to a nationally strategic 310 MW wind project. The court noted the impugned judgment was delivered by a bench of three judges and that it consulted the other two judges. It did not determine the application on the merits; it directed service on all parties within 14 days, fixed an inter partes directions hearing at Isiolo for 9th May 2022, and ordered costs to be in the cause.
Key legal issues
#Legal principles established
#Court orders
#- 1.The applicant to serve the application upon the other parties within 14 days of today
- 2.All parties to come to ELC Court at Isiolo for directions on 9th May, 2022
- 3.Costs be in the cause
- Jurisdiction invoked
- Review jurisdiction over own judgment under the Civil Procedure Rules, 2010 ('a party including the 1st Defendant may apply for the review/set aside of a judgement to the court which passed the decree on account of any sufficient reason')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamud Iltarakwa Kochale & 4 others v Lake Turkana Wind Power Ltd & 4 others; Aaraon Iletele Lesiantam & 4 others (As representatives of the residents of Loiyangalani District, Marsabit County) (Interested Paries) [2022] KEELC 487 (KLR)", Case Analysis (2022). Not stated in the extract (application dated 4th April, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/487/eng@2022-04-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.