Water Resources Authority v Tindress [Farm]
The bottom line
#Kenya's Environment and Land Court refused to pause Water Tribunal proceedings, holding that an arguable appeal alone is not enough to justify a stay.
What this practically means
#Executive summary
#Key legal issues
#Whether an injunction should be granted staying the orders issued on 8th December 2023 in Water Tribunal Appeal No. TRWAC E001/2023
The prayer for an injunction staying the tribunal's orders was refused because granting it would effectively determine the appeal at an interlocutory stage.
The tribunal had granted a temporary injunction restraining decommissioning of the Tindress dam. The appellant, aggrieved, appealed to this court. The court reasoned that to decide whether an injunction should issue against that order would require delving into the merits of the pending appeal, which cannot be done at an interlocutory stage; therefore the relief could not be granted at that stage of the proceedings.
Whether an order of stay of proceedings should issue in Water Tribunal Appeal No. TRWAC E001/2023 pending the appeal
Stay of proceedings was refused because the appellant did not demonstrate that continuing tribunal proceedings would render its appeal nugatory.
Applying Order 42 Rule 6(1) of the Civil Procedure Rules and Lucy Waithera Kimanga v John Waiganjo Gichuri, the court held that an arguable appeal is only one factor; the applicant must show prejudice. The appellant had merely stated in a generalized manner that its appeal would be rendered nugatory without demonstrating how continuing the tribunal proceedings would cause it prejudice. The application was therefore dismissed with costs.
Legal principles established
#- An arguable appeal alone is insufficient to justify a stay of proceedings; the applicant must demonstrate prejudice or that the appeal will be rendered nugatory if proceedings continue.
- An order of stay of proceedings pending appeal cannot be used to obtain, at an interlocutory stage, the substantive relief sought in the appeal.
Court orders
#- 1.The appellant's Notice of Motion application dated 21st December 2023 is dismissed.
- 2.Costs of the application awarded to the respondent.
- On appeal from
- Water Tribunal
- Nairobi Water Tribunal Appeal No. TRWAC/E001/2023
- Jurisdiction invoked
- Appeal from the Water Tribunal (Water Act); interlocutory application under Order 42 Rule 6(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Water Resources Authority v Tindress [Farm]", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1651/eng@2024-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.