Karsan Ramji & Sons Limited v County Assembly of Kitui & 2 others
The bottom line
#A Kenyan court temporarily blocked Kitui County from collecting mining levies on one invoice, but refused broader protection until the full case is heard.
What this practically means
#Executive summary
#Key legal issues
#Whether to grant interim conservatory orders pending hearing of the application and petition
The court declined the broad prayers 2 and 4 but granted a narrow restraint on enforcement of the October 26, 2022 levy invoice and subsequent levies pending inter partes hearing
The court noted two similar applications on record, the earlier orders having been set aside on transfer to the ELC. The petition raised more than a single devolution issue, including mine closure, environmental degradation and the absence of an environmental impact assessment. No evidence of a mining licence was on the record, and whether the applicant had been paying levies was unclear. These matters required ventilation inter partes before final conservatory orders could issue.
Whether the applicant holds a mining licence/permit under the Mining Act
The court found no evidence on the record of such a licence/permit, an issue left for inter partes determination
The court perused the entire record to verify the applicant's claim of holding a mining licence/permit and found none. Justice Limo had made the same observation in the June 10, 2021 ruling, which issued orders on the strength only of a letter from the Ministry of Petroleum & Mining dated March 2, 2020. The basis upon which the applicant carries out mining activities in Kitui County was flagged as an issue for inter partes determination.
Legal principles established
#- Where prior interim conservatory orders have been set aside and the dispute raises broader issues than the applicant presents, the court may decline broad interim relief while narrowly restraining enforcement of the specific impugned levy pending inter partes hearing
Court orders
#- 1.Conservatory order restraining the respondents from enforcing collection of levies arising from the invoice raised on October 26, 2022 or any subsequent levies pending inter partes hearing of the application dated November 2, 2022
- 2.Petitioner to serve the petition and application on the 1st and 3rd respondents within three days
- 3.Respondents to file and serve replies within three days (2nd respondent) and three days from service (1st and 3rd respondents)
- 4.Applicant at liberty to file supplementary affidavit and written submissions within seven days of service of replying affidavits and in any event within 15 days
- 5.Respondents to file and serve written submissions within seven days of service of the applicant's submissions
- 6.Mention on December 8, 2022 to confirm filing and for further directions
- Jurisdiction invoked
- Articles 22, 23 and 258 of the Constitution of Kenya 2010; petition on alleged violation of constitutional rights and invalidity of county legislation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karsan Ramji & Sons Limited v County Assembly of Kitui & 2 others", Case Analysis (2022). Environment & Land Case E005 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14726/eng@2022-11-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.