RULING OF THE COURT
A. INTRODUCTION
[1] The respondent raises a preliminary objection (dated 2 November 2016), contesting the jurisdiction of this Court to hear and determine the petition of appeal dated 6 June 2016. It is contended that the petition does not disclose any issue involving the interpretation or application of the Constitution, yet leave to appeal has not been secured from either the Court of Appeal or the Supreme Court, in the terms of Article 163(4) (b) of the Constitution.
B. BACKGROUND
[2] The respondent, on 21 November 2013, filed a suit in the Environment and Land Court (ELC) at Malindi, against the petitioner, claiming the sum of Kshs.270,295,759.90, as water charges allegedly due, for the use of water in the respondent’s salt-manufacturing process.
[3] The petitioner herein, by Notice of Motion of 17 January 2014, under Order 2, Rule 15 (a) and (d) of the Civil Procedure Rules, sought to have the plaint struck out, and the ELC proceedings dismissed, on the ground that…