TULLOW OIL PLC & 2 ORS.
V.
PERMANENT SECRETARY, MIN OF ENERGY, REPUBLIC OF KENYA & 15 ORS.

RULING

A. INTRODUCTION

[1] This is an application by way of a Notice of Motion dated 28^th February, 2018 brought under Rules 3(1), (2) and (5) and 37 of the Supreme Court Rules. The application seeks the following substantive orders:

1. The Notice of Appeal dated 8/8/2016 lodged by Edward Kings Onyancha Maina, the 16^th Respondent herein be and is hereby deemed as withdrawn;

2. In the alternative, Notice of Appeal dated 8/8/2016 lodged by Edward Kings Onyancha Maina, the 16^th Respondent be and is hereby struck out.

3. The costs of this application be borne by the 16^th Respondent.

[2] The application is based on eight (8) grounds in the body of the application and the supporting affidavit of Martin Ombogo, the Country Manager of Tullow Kenya B.V, a subsidiary of Tullow Oil Plc, sworn on 28^th February, 2018.

[3] The 16^th Respondent has filed a Notice of Preliminary Objection on Points of Law dated 4^th April, 2018.

B. BACKGROUND

I. Proceedings at the High Court

[4] This cause originates from a deci…