Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowed· [2025] KEELC 8240 (KLR)

West Kenya Sugar Company Limited v Busia Sugar Industries Limited & 2 others (Petition 06 of 2016) [2025] KEELC 8240 (KLR)

Environment and Land Court
27 November 2025
ECE.C. Cherono
1,560 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
This is a first-instance directions ruling of the Environment and Land Court at Bungoma arising from a referral by the Deputy Registrar under Order 21 Rule 8(4) Civil Procedure Rules concerning settlement of the decree in a petition decided on 10th March 2017 by Mukunya J. The underlying petition challenged the registration of the 1st Respondent as a sugar miller and its construction of a sugar factory in Busia County, alleging violations of Articles 27, 40, 42, 43, 47 and 69 of the Constitution read with the Sugar Act, the Crops Act and EMCA. The 2017 judgment granted eleven orders, including declarations of illegality, quashing of the EIA licence and the Kenya Sugar Board registration certificate, and a permanent injunction, with costs to the Petitioner against the 1st Respondent and no damages award. The present dispute concerned the draft decree: the Petitioner circulated a draft on 2nd November 2021, which the 2nd and 3rd Respondents approved, but the 1st Respondent declined to approve despite service. Cherono J found the 1st Respondent's averments unchallenged, observed that no objection or disagreement with the draft had been raised, and held that the draft decree was drawn in accordance with the judgment. The court directed the Deputy Registrar to draw, sign and seal the decree in terms of the Petitioner's draft as approved by the 2nd and 3rd Respondents, and regretted the delay since March 2017. No costs order was made in this ruling, and the matter was not an appeal.

Key legal issues

#
01

Settlement of a draft decree where one party declines to approve it

Holding

The draft decree prepared by the Petitioner accorded with the judgment; the 1st Respondent raised no objection or disagreement, and the Deputy Registrar was directed to draw, sign and seal the decree in terms of the draft.

Reasoning

Under Order 21 Rule 8(2)-(4) CPR, a party may prepare a draft decree for approval; parties must approve, amend or reject it without undue delay. Where no approval or disagreement is received within seven days, the Registrar may sign and seal if satisfied the draft accords with the judgment. On disagreement, the matter is listed before a judge in chambers. The Petitioner's averments about service and the 1st Respondent's refusal were not denied, and the 1st Respondent had raised no objection to the draft.

p. 4

Legal principles established

#
  • Where a served party neither approves nor disagrees with a draft decree within seven days, the Registrar, if satisfied it accords with the judgment, should sign and seal it under Order 21 Rule 8(3) CPR.

Court orders

#
  1. 1.The Deputy Registrar of the court is directed to draw, sign and seal the decree in terms of the draft decree presented by the Petitioner and approved by the 2nd and 3rd Respondents
  2. 2.The court regretted the delay in approving the decree from 10th March 2017

Authorities

#

Legislation

  • Civil Procedure RulesOrder 21 Rule 8(2), (3) and (4)
  • Constitution of KenyaArticles 27, 40, 42, 43, 47, 67, 69
  • Sugar Actsections 14 and 15
  • Crops Actsection 16
  • Environmental Management and Co-ordination Act (EMCA)section 58
Jurisdiction invoked
Order 21 Rule 8(4) Civil Procedure Rules, on referral by the Deputy Registrar for directions on settlement of the draft decree

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "West Kenya Sugar Company Limited v Busia Sugar Industries Limited & 2 others (Petition 06 of 2016) [2025] KEELC 8240 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8240/eng@2025-11-27

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