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ELCOtherEnvironment & Land Case E002 of 2021· [2023] KEELC 18517 (KLR)

Kamais Pius & 2 others v China Communication Company & another

Environment and Land Court
4 July 2023
687 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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The applicants (Kamais Pius, Guyo Wako and Shinda Boru) moved the Environment and Land Court at Isiolo by certificate of urgency seeking, ex parte, a stay of proceedings in Isiolo CMELC 3 of 2023 (Tawakul Multi-Purpose Cooperative Society Limited v China Communication Construction Company), Isiolo CMELC 4 of 2023 (Hussein Abdi & Anor v China Communication Construction Company) and Isiolo ELC Appeal E008 of 2023, pending inter partes hearing, and consolidation of Isiolo ELC 2 of 2023 with the two magistrates' court suits. The application, supported by an affidavit of advocate Kibaara Murithi, was not served on the parties in the other suits. Mr Abdullahi, for plaintiffs in CMELC 3 and 4, objected that two rulings - one on injunction and one on contempt - were due for delivery that day and accused the applicants of misusing the court to evade the contempt application. Miss Nyasani, holding brief in ELC E002 of 2022, was unserved but amenable to directions; advocate Muriuki for the County Government of Isiolo could not comment, having not been served. Justice P.M. Njoroge held that in the interest of justice all concerned parties must be allowed to articulate their positions, especially on consolidation, and that a court cannot enjoin parties who do not know the issues involved. Prayer 2 (stay) was not granted; prayers 3, 4 and 5 were deferred to an inter partes hearing on 24/7/2023, with directions for service within 10 days. No costs order was made.

Key legal issues

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01

Whether stay and consolidation orders could issue ex parte against unserved parties

Holding

Stay refused and consolidation deferred to inter partes hearing because the application had not been served on affected parties

Reasoning

The court reasoned that justice requires all concerned parties to articulate their positions, particularly on proposed consolidation. Since the application was unserved on parties in CMELC 3 and 4 of 2023, and counsel for those parties objected that rulings including a contempt application were pending, the court declined the ex parte stay and directed service and an inter partes hearing.

p. 2

Legal principles established

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  • Parties cannot be joined or affected by consolidation without notice and an opportunity to be heard

Court orders

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  1. 1.Prayer 2 (stay of proceedings) not granted
  2. 2.Prayers 3, 4 and 5 to be heard inter partes
  3. 3.Applicants directed to serve all parties, including those in CMELC 3 of 2023 and CMELC 4 of 2023, within 10 days
  4. 4.Applicants' advocate directed to serve the court's orders upon parties in CMELC 3 of 2023 and CMELC 4 of 2023 within 10 days
  5. 5.Application to be heard inter partes on 24/7/2023
Jurisdiction invoked
Environment and Land Court jurisdiction (Environment and Land Court Act); not expressly stated in the ruling

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Kamais Pius & 2 others v China Communication Company & another", Case Analysis (2023). Environment & Land Case E002 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18517/eng@2023-07-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.