Pius & 2 others v China Communication Company & another (Environment & Land Case E002 of 2021) [2023] KEELC 18517 (KLR) (4 July 2023) (Ruling) Neutral citation: [2023] KEELC 18517 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT ISIOLO ENVIRONMENT & LAND CASE E002 OF 2021 PM NJOROGE, J JULY 4, 2023 BETWEEN KAMAIS PIUS ..................................................................................... 1ST APPLICANT GUYO WAKO ..................................................................................... 2ND APPLICANT SHINDA BORU ................................................................................. 3RD APPLICANT AND CHINA COMMUNICATION COMPANY ................................. 1ST RESPONDENT KENYA NATIONAL HIGHWAY AUTHORITY ....................... 2ND RESPONDENT RULING 1. This application was brought to court by way of a certicate of urgency and seeks orders; 1. That this application be certied urgent and be heard ex-parte in the rst instance. 2. That this Honourable Court do order a stay of proceedings in Isiolo CMELC 3 of 2023 – Tawakul Mult-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 No. E008 of 2023 – China Communication Construction Company v Hussein Abdi & Anor pending the inter parties hearing of this application. 3. That this Honourable Court do order that Isiolo ELC 2 of 2023 – Kamais Pius & 2 Others v China Communication Construction Company & Anor, Isiolo CMELC 3 of 2023 – Tawakul Multi-Purpose Cooperative Society Limited v China Communication Company and Isiolo CMELC 4 of 2023 – Hussein Abdi & Anor v China Communication Company be consolidated. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18517/eng@2023-07-04 1
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4. That the Honourable Court be pleased to issue such further orders as it may deem t in the interest of justice. 5. That the costs of this application be provided for. 2. The application is supported by the adavit of advocate Kibaara Murithi. Mr. Kibaara in his oral address basically relied on grounds in his application. 3. When the application was heard on 4/7/2023, it had not been served upon the parties in CMELC 3 of 2023, ELC E002 of 2023 and CMELC 4 of 2023. Mr Abdullahi who represents the plaintis in CMELC 3 and CMELC 4 of 2023 told the court that 2 rulings were poised to be delivered today in CM’s Court. One was for an injunction order and the other was for contempt. He expressed the feelings that the applicants were trying to misuse the court to run away from their responsibility especially as concerns the contempt application. He asked the court to dismiss the application. Miss Nyasani who was holding brief for Mr Mugo for the plainti in ELC Suit No. E002 of 2022 told the court that she had not been served with the application. She however indicated that she was amenable to allowing the court to issue any directions it deemed t. 4. Advocate Muriuki, the advocate for the County Government of Isiolo indicated that he was not in a position to comment as the application had not been served upon him. 5. I have considered the issues raised in this matter. I opine that in the interest of justice, all concerned parties must be allowed to articulate their positions, especially with regard to the proposed consolidation. A court of law cannot enjoin parties to a suit when they do not know the issues involved. 6. The following orders are hereby issued; a. Prayer 2 in the application is not granted. b. Prayers 3, 4 and 5 in the application will be heard interparties. c. The applicants are directed to serve all parties, including those in CMELC 3 of 2023 and CMELC 4 of 2023, with the application within 10 days of today. d. The applicants advocate is directed to serve the orders issued by the court today upon parties in CMELC 3 of 2023 and CMELC 4 of 2023 within 10 days of today. e. The application will be heard interparties on 24/7/2023. DELIVERED IN OPEN COURT AT ISIOLO THIS 4TH DAY OF JULY, 2023 IN THE PRESENCE OF; Court assistant: Balozi Miss Nyasani for Plainti in ELC E002 of 2023. Abdullahi for the 2nd Respondent. Ken Muriuki for the County Government of Isiolo. HON. JUSTICE P.M NJOROGE JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18517/eng@2023-07-04 2
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