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Original judgment

Francis Mureithi v National Environment Management Authoirty & 5 others

Mureithi v National Environment Management Authoirty & 5 others (Petition E101 of 2024) [2026] KEHC 9230 (KLR) (Constitutional and Human Rights) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 9230 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION E101 OF 2024 RE ABURILI, J JUNE 24, 2026 BETWEEN FRANCIS MUREITHI ........................................................................... PETITIONER AND NATIONAL ENVIRONMENT MANAGEMENT AUTHOIRTY .... 1ST RESPONDENT NAIROBI CITY COUNTY .......................................................... 2ND RESPONDENT MAXXIS NAIROBI ENERGY ..................................................... 3RD RESPONDENT ATTORNEY GENERAL ............................................................... 4TH RESPONDENT ENERGY & PETROLEUM REGULATORY AUTHORITY ..... 5TH RESPONDENT THE MINISTRY OF ENERGY & PETROLEUM ...................... 6TH RESPONDENT RULING 1. I have heard the parties’ counsel on the application dated 23/6/2026, seeking joinder of Steve Austin Malele. Rule 5 of the Mutunga Rules allows for joinder of parties to a petition, either on an application or on the court’s own motion. 2. In this case, all the parties are in agreement that the applicant should be joined to the petition as he was listed as one of the injured persons following the explosion. 3. I am satisfied that the joinder of applicant Steve Austin Malele to this petition wherein he was listed as one of the injured persons is necessary in order for the court to adjudicate upon and settle the matter. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9230/eng@2026-06-24 1

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4. I further order that this petition is hereby consolidated with petition E242/2024 and this petition shall be the lead file with the now 1st and 2nd petitioners herein being the first to be listed as petitioners while the petitioner in Petition E242/224 shall be listed as the 3rd, 4th 5th, 6th 7th and 8th petitioners respectively. 5. Having consolidated the two petitions, the petitioners are granted leave, if necessary to file and serve their amended petitions within 21 days of today. The respondents shall have 14 days of date of service to file and serve responses. 6. Mention before Hon. Mr. Justice David Mburu on 23/9/2026 for further directions. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 24TH DAY OF JUNE, 2026 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9230/eng@2026-06-24 2

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