Kochale & 4 others v Lake Turkana Wind Power Ltd & 4 others; Lesianntam & 4 others (Interested Parties) (Environment & Land Case 163 of 2014) [2022] KEELC 3391 (KLR)
The bottom line
#The court deferred a decision on Gitson Energy's bid to join the Lake Turkana wind farm case, ruling that all three original judges must weigh in first.
What this practically means
#Executive summary
#Key legal issues
#Joinder of Gitson Energy Limited as interested party
Not determined on the merits at this stage; the court directed service of the application on all parties and a mention for directions before any decision
The application was filed after the date on which the applicant sought to be enjoined, and the judge considered that directions on such an application required the involvement of the two other judges who had heard and determined the substantive suit with him on 19 October 2021. He therefore deferred substantive directions pending service and the mention fixed for 27 June 2022.
Composition of bench for subsequent directions
A single judge should not give directions on the application without the input or concurrence of the other two judges who heard the suit as a three-judge bench
The substantive suit (Meru ELC 163 of 2014) had been heard by a three-judge bench with judgment delivered on 19 October 2021. The judge reasoned that the application could not properly be handled by one judge alone, electronically circulated the application to the other judges, and deferred the substance to a mention for directions after service.
Legal principles established
#- Where a suit was heard and determined by a multi-judge bench, directions on subsequent interlocutory applications should be given with the input or concurrence of the members of that bench
Court orders
#- 1.The application to be properly served upon all parties within 14 days
- 2.Service to inform the other parties of a mention for directions on 27/6/2022
- 3.The Ruling to be transmitted electronically
- Jurisdiction invoked
- Original suit pending before the Environment and Land Court (Meru ELC 163 of 2014, previously heard by a three-judge bench)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kochale & 4 others v Lake Turkana Wind Power Ltd & 4 others; Lesianntam & 4 others (Interested Parties) (Environment & Land Case 163 of 2014) [2022] KEELC 3391 (KLR)", Case Analysis (2022). Meru ELC 163 of 2014 (application dated 5th May 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/3391/eng@2022-05-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.