REPUBLIC OF KENYA IN THE ENVIRONMENT & LAND COURT AT KISUMU ELC (LA) E037 OF 2025 OSCAR OTIENO ……..APPELLANT ODONGO ……………..………................…………. VERSUS NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY ….....……..1 ST RESPONDENT KIBOS SUGAR AND ALLIED ND LIMITED..............................2 RESPONDENT INDUSTRIES JUDGMENT 1. This Appeal was filed in respect of the Ruling and order of Hon. Maureen Nyigei (DR) dated and delivered on 17.04.2025 in Kisumu ELC Misc Application No. E001 of 2024. 2. That said Ruling and order gave rise to two separate Appeals being Kisumu ELC LA No. E036 of 2025, and this Appeal the parties thereof being the same, the 7 grounds of Appeal penned in the two Appeals being similar as well as the reliefs sought. 3. An order for consolidation was made but when the court delivered its judgment in respect of Kisumu ELC Appeal No. E036 of 2025, the court did not consider the fact that the two Appeals had been consolidated. 4. Thus, on 23.07.2026 the court’s attention was brought to the order of consolidation of the two Appeals and reserved its judgment in respect of this Appeal to today. 5. Noting the similarities in the Appeals, the result of this Appeal would not be materially different from the result in Kisumu ELC Appeal No. 36 of 2025. 6. The Court of Appeal had occasion to consider an Appeal which was materially similar to another Appeal before it which matters were not consolidated in Nakuru Civil Appeal No. E013 of 2026, between Page 1|2
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the Resolute Community Based Organization Vs. Livingstone Kunini Ntutu and 2 Others, where the Appellate court found it unnecessary to rehash the arguments made in the said Appeal but adopted the judgment it had rendered in the previous Appeal taking cue from the Court of Appeal, I equally direct that the judgment rendered in Kisumu ELC Appeal No. E036 of 2025 between Oscar Otieno Odongo Vs. National Environment Management Authority and Kibos Power Limited, shall apply to this case, consequently the Appeal herein is dismissed with costs to the 1st Respondent. Dated at Kilgoris this 30th day of September, 2026 Hon. M.N. Mwanyale Judge In the presence of CA – Sylvia/Victor N/A for the parties/counsel Page 2|2
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