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ABIDHA NICHOLUS
V.
THE ATTORNEY GENERAL & ORS

(2023) JELR 112229 (SC)

Supreme Court 28 Dec 2023 Kenya
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- The appellant, registered proprietor of land in Siaya County, challenged mining and related activities by various respondents (including government agencies and KPLC), alleging violations of environmental, property, and constitutional rig

Case Details

Suit Number:PETITION NO. E007 OF 2023
Judges:Mwilu, DCJ & VP Wanjala, SCJ Njoki, SCJ Lenaola, SCJ Ouko, SCJ
Counsel:Mr. Abidha appearing in person (Abidha & Company Advocates) The 1st, 4th, 5th and 7th respondents (Represented by the Attorney General) The 2nd respondent (Represented by Bruce Odeny & Company Advocates) The 3rd respondent (Represented by Odongo Okal and Company Advocates) Ms. Sakami appearing for the 6th respondent (National Environment and Management Authority) Mr. Ngara appearing for the 8th respondent (S. Ngara & Associates Law) The 1st and 2nd interested parties did not appear and were not represented Ms. Emily Kinama appearing for the 3rd interested party (Emily Kinama Advocate c/o Katiba Institute) The 4th – 6th interested parties did not appear and were not represented

JUDGMENT OF THE COURT

 A.            INTRODUCTION

 [1] The Petition of Appeal dated 16th March 2023 and lodged on 20th March 2023 is brought pursuant to the provisions of Article 163(4)(a) of the Constitution. The appellant seeks orders to set aside the Judgment of the Court of Appeal at Kisumu ((Kiage, Mumbi Ngugi & Tuiyott, JJ. A) in Civil Appeal No. E042 of 2021 delivered on 7th February 2023, which affirmed the decision - a Ruling-by the Environment and Land Court (ELC) at Kisumu (Ombwayo, J) - in ELC Petition No. 7 of 2020 delivered on 2nd February 2021.

 B.            BACKGROUND

[2]  Abidha Nicholus, the appellant, is the registered proprietor of L.R No. Siaya/Ramba/788 and also has interest in the lower parts of L.R No. Siaya/Ramba/719 and 720, both bordering River Odundu, Ramba in Rarieda Sub-County within Siaya County. The appellant claims that in 2018, the 2nd and 3rd respondents proceeded to survey L.R No. Siaya/Ramba/716, which contained a shaft left by entities that had previ…

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