REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MACHAKOS ELC LAND CIVIL SUIT NO. E083 OF 2025 MOHAMAD ABDI NOOR……..……………………….…. ..……… PLAINTIFF VERSUS KENYA URBAN ROADS AUTHORITY.….……………….…..1ST DEFENDANT KENYA POWER & LIGHTING COMPANY LTD……………2 ND DEFENDANT RULING 1. This matter has been reserved for determination on the merits of the 2nd defendant's PO, dated 12 January 2026, in which the following points of law are raised: “This Honourable Court lacks jurisdiction to hear and determine this dispute and suit as against the 2nd Defendant, and together with all consequential orders should be struck out with ELCLC E083/25 RG 1
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costs as the same offends the following provisions: 1. Sections 3(1), 10; 11(e), (f), (i), (k) & (l); 23; 24; 25; 36; 40; 42; 159(3); 160(3) and 224(2)(e) of the Energy Act, 2019; 2. Regulations 2, 4, 7 and 9 of the Energy (Complaints and Disputes Resolution) Regulations, 2012; 3. Article 159(2)(c) and 169(1)(d) and (2) of the Constitution of Kenya, 2010; and 4. Sections 9(2) and (3) of the Fair Administration Act, 2015. 5. Section 6 of the Civil Procedure Act, Cap 21. 2. This court has taken considerable time to examine the court record, and it is apparent that the 2nd defendant’s counsel, Ms. C. Mwenda, who drew and filed the PO, has never filed a memorandum of appearance and is thus not properly on record. According to the record, she submitted a memorandum of appearance on 16 January 2026, and an invoice was generated through the CTS system on the same date, but she has failed to settle the amount due. Consequently, all ELCLC E083/25 RG 2
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documents filed by Ms. C. Mwenda, including the PO, are hereby deemed to be improperly on record. 3. Therefore, the PO dated 12 January 2026 is found incompetent and struck out, together with all documents filed by the 2nd defendant. Liberty is granted to Ms. C. Mwenda to regularise representation. Costs shall be in the cause. Parties are directed to comply with Order 11 of the Civil Procedure Rules within 60 days. A mention date shall be issued. It is so ordered. Delivered and Dated at Machakos this 16th day of June, 2026. HON. A. Y. KOROSS JUDGE 16.06.2026 Ruling delivered virtually through Microsoft Teams Video Conferencing Platform In the presence of; Ms. Kanja Court Assistant. ELCLC E083/25 RG 3
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Miss Gaita holding brief for Mr. Oscar Otieno for the plaintiff. No appearance for other parties. ELCLC E083/25 RG 4
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