Orodi & 11 others v Oyugi & 3 others; National Environmental Authority (Interested Party) (Environment & Land Petition 7 of 2021) [2022] KEELC 15260 (KLR) (8 December 2022) (Ruling) Neutral citation: [2022] KEELC 15260 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT SIAYA ENVIRONMENT & LAND PETITION 7 OF 2021 AY KOROSS, J DECEMBER 8, 2022 BETWEEN GEORGE OGAYO ORODI .............................................................. 1ST PETITIONER MAURICE OCHOLA BABU .......................................................... 2ND PETITIONER TITO ODINDO BABU .................................................................... 3RD PETITIONER BENARD BABU ............................................................................... 4TH PETITIONER DAVID BABU .................................................................................... 5TH PETITIONER VITALIS OCHIENG ADIDA .......................................................... 6TH PETITIONER CHARLES OMONDI OYAYA ......................................................... 7TH PETITIONER MOSES OYAYA ................................................................................. 8TH PETITIONER ALFRED OGINGA OMITI ............................................................. 9TH PETITIONER GEORGE ONDIKO ........................................................................ 10TH PETITIONER GEORGE AWINO .......................................................................... 11TH PETITIONER WILLIS OLOO ................................................................................ 12TH PETITIONER AND EMMANUEL OYIER OYUGI ....................................................... 1ST RESPONDENT CABINET SECRETARY, MINING AND PETROLEUM ......... 2ND RESPONDENT ATTORNEY GENERAL ............................................................... 3RD RESPONDENT DIRECTOR OF MINES AND GEOLOGY ................................. 4TH RESPONDENT AND https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15260/eng@2022-12-08 1
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NATIONAL ENVIRONMENTAL AUTHORITY ................ INTERESTED PARTY (Originally Kisumu ELC Petition No. E002 of 2021) RULING 1. The petition that is the subject of this ruling was transferred from Kisumu ELC on October 28, 2021. Prior to its transfer, the court had directed parties to dispose of the petition by way of written submissions. 2. When this matter was scheduled for directions on September 20, 2022, the petitioners’ counsel Mr Ochieng notied the court that he had led his written submissions. Consequently, the court on October 4, 2022 directed counsel to serve all parties with a mention notice; which he did and the petition was reserved for judgment. 3. As the court was writing its judgment, it noted that some of the petitioners’ documents were not legible and their submissions were missing from the court le. 4. Upon being contacted of these anomalies by the registry, the petitioners’ counsel on diverse dates of November 5, 2022 and November 30, 2022, submitted the petitioner’s written submissions and supplementary adavit together with an email extract which demonstrated that these documents were remitted to the registry for purposes of ling on July 5, 2022. 5. Although there is evidence that the respondents were duly served on July 27, 2022 by the petitioners’ counsel, it is unfortunate that by oversight, the registry never placed these documents in the court record. However, the issue of the illegible and unclear documents that were annexed to the petition have not been addressed by counsel more specically the order that was issued by NEMA and the bundle of photographs. 6. In the circumstances, and, in exercise of its powers under sections 1A, 1B 1(a) and 3A of the Civil Procedure Act, this court issues the following disposal orders– 7. a. That judgment in this matter be and is hereby arrested pending remittance of clear and legible copies of documents by the petitioners within 14 days from today. b. Mention to conrm compliance and take a judgment date on January 31, 2023. c. Mention notice to be served on all the parties. d. That there shall be no orders as to costs. It is so ordered. DELIVERED AND DATED AT SIAYA THIS 8TH DAY OF DECEMBER 2022. HON AY KOROSS JUDGE 8/12/2022 JUDGMENT DELIVERED VIRTUALLY THROUGH MICROSOFT TEAMS CONFERENCING PLATFORM IN OPEN COURT IN THE PRESENCE OF: VIDEO MR. OCHIENG FOR THE PETITIONER https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15260/eng@2022-12-08 2
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N/A FOR THE RESPONDENTS COURT ASSISTANT: ISHMAEL ORWA https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/15260/eng@2022-12-08 3
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