Otieno & another v Homabay County Water and Sanitation Company Limited & 2 others; County Director of Nema (Homabay) County (Interested Party) (Environment & Land Petition E001 of 2023) [2023] KEELC 17711 (KLR) (31 May 2023) (Ruling) Neutral citation: [2023] KEELC 17711 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT HOMA BAY ENVIRONMENT & LAND PETITION E001 OF 2023 GMA ONGONDO, J MAY 31, 2023 BETWEEN MICHAEL KOJO OTIENO AND ANOTHER .................................... PETITIONER AND HOMABAY COUNTY WATER AND SANITATION COMPANY LIMITED ......................................................................................... 1ST RESPONDENT LAKE VICTORIA SOUTH WATER WORKS AGENCY ......... 2ND RESPONDENT COUNTY EXECUTIVE COMMITTEE MEMBER FOR ENVIRONMENT, WATER AND SANITATION ....................................................... 3RD RESPONDENT AND COUNTY DIRECTOR OF NEMA (HOMABAY) COUNTY .... INTERESTED PARTY RULING 1. This ruling is in respect of prayer number 2 for a temporary injunction sought in the petitioners’ application by way of a Notice of Motion dated April 19, 2023. 2. I have heard the petitioners in person, Ms N Nyarige learned counsel for the 1st respondent and Mr Oundo learned counsel for the 2nd respondents and in the absence of the 3rd respondent and interested party who were duly served as shown in the adavits of service sworn on May 30, 2023. 3. The 1st respondent’s counsel has prayed for more time to le and serve response to the applicant and submissions on the petition. The petitioners have no objection thereto. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17711/eng@2023-05-31 1
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4. Since all the respondents are yet to le and serve responses and submissions in the application, it would not be in the interest of justice to grant prayer No 2 in the application at this stage without hearing all the parties herein; see Articles 48,50 (1) of the Constitution of Kenya, 2010 and James Kanyiita Nderitu and another v Marios Philotas Ghikas and another [2016] eKLR. 5. Accordingly, I decline to grant a temporary injunction at this stage of the application. 6. The 1st respondent to le and serve response to the applicant and the 2nd respondent as well as the 3rd respondent and the interested parties to le and serve submissions on the application within the same period. 7. The Petitioners to serve the 3rd respondent and the interested party accordingly. 8. The application is xed for further directions on July 26, 2023. 9. Parties are hereby encouraged to embrace Alternative Dispute Resolution methods with a view to resolving this matter. DATED AND DELIVERED AT HOMABAY THIS 31ST DAY OF MAY 2023. G.M.A ONG’ONDO JUDGE PRESENT 1. Ms. Nyarige learned counsel for 1st respondent. 2. Mr. Oundo learned counsel for 2nd respondent 3. Court Assistant, Mutiva and Okello. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17711/eng@2023-05-31 2
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