Environment & Land Case 273 of 2013

Case Metadata
Case Number:	Environment & Land Case 273 of 2013
Parties:	Leboo & 2 others (Suing as Members of Lembus Council of Elders) v The Director of Kenya Forest Service & another; Miti Bora Sawmills Limited & another (Interested Parties)
Date Delivered:	18 May 2023
Case Class:
Court:	Environment and Land Court at Eldoret
Case Action:	Ruling
Judge(s):	Elija Ogoti Obaga
Citation:	Leboo & 2 others (Suing as Members of Lembus Council of Elders) v The Director of Kenya Forest Service & another; Miti Bora Sawmills Limited & another (Interested Parties) (Environment & Land Case 273 of 2013) [2023] KEELC 17452 (KLR) (18 May 2023) (Ruling)
Advocates:	Ms. Cheruiyot for 1st and 2nd Respondents., Ms Akinyi for Mr Omusundi for 1st and 2nd Interested parties
Court Division:	Environment and Land
County:	Uasin Gishu
Advocates:	Ms. Cheruiyot for 1st and 2nd Respondents., Ms Akinyi for Mr Omusundi for 1st and 2nd Interested parties
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Leboo & 2 others (Suing as Members of Lembus Council of Elders) v The Director of Kenya Forest Service & another; Miti Bora Sawmills Limited & another (Interested Parties) (Environment & Land Case 273 of 2013) [2023] KEELC 17452 (KLR) (18 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17452 (KLR)

Republic of Kenya

In the Environment and Land Court at Eldoret

Environment & Land Case 273 of 2013

EO Obaga, J

May 18, 2023

Between

Joseph Leboo

1^st Plaintiff

Willy Ngurutu

2^nd Plaintiff

Philip Sura

3^rd Plaintiff

Suing as Members of Lembus Council of Elders

and

The Director of Kenya Forest Service

1^st Respondent

Baringo County Forest Co-Ordinator

2^nd Respondent

and

Miti Bora Sawmills Limited

Interested Party

Rowan Forester International Sawmill

Interested Party

Ruling

1.The plaintiffs/applicants filed a notice of motion dated December 6, 2021 in which they sought the following orders: -a.Spentb.This honorable court be pleased to grant an order of injunction to restrain the 1^st respondent by themselves, their agents or servants, and more specifically the chief conservator of forests from signing, witnessing sealing, authorizing or in any other way completing the tender process of the disposal of the forest plantation contained in the tender documents namely;i.Bid No KFS/DSIP/03/2021–2022ii.Bid No KFS/DISP/02/2021-2022iii.Bid No KFS/DSPI/04/2021-2022iv.Bid No KFS/DISP/05/2021-2022Over the 8 blocks of forest plantation namely Sabatia, Maji-mazuri, Kiptuget, Chemususu, Narasha, Koibatek, Chemorgok and Esageri blocks pending the hearing and determination of this application inter-partiesc.This honourable court be pleased to grant an order of injunction to retrain the 1^st respondent by themselves their agents or servants, and more specifically the chief conservator of forests from signing, witnessing sealing authorizing or in any other way completing the tender process of the disposal of the forest planation pending the hearing and determination of this application and the application dated September 7, 2021.d.Costs of this application be provided for.

2.The applicants moved to court seeking to stop the 1^st defendant/respondent from proceeding with the tendering process as per the four bids listed in paragraph one hereinabove.

3.Before the application could be heard, it was brought to the attention of the applicants’ counsel that the tendering process had been stopped through a judgement delivered in a constitutional petition filed in Nairobi. The applicants’ counsel sought for time to confirm the position.

4.The applicants’ counsel later appeared in court and asked that the application be canvassed by way of written submissions. The court directed that the applicants’ file and serve submissions within 14 days from February 27, 2023. The respondents and interested parties were to file their submissions within 14 days from the date of service of the applicants’ submissions. There were no submissions filed by all the parties.

5.I have looked at the replying affidavit by the respondents. I notice that what the applicants were seeking to stop was stopped through a judgement delivered in Nairobi ELC petition No 1 of 2022 (Timber Manufacturers Association v Kenya Forest Service & 4 others). It will therefore be superfluous to write a ruling over a matter which has been overtaken by events.

6.The applicants should have withdrawn the application the moment they were informed that the tendering process had been stopped and particularly having seen the replying affidavit by the respondents where a copy of judgement from the Nairobi ELC petition No 1 of 2022 was annexed. I therefore proceed to dismiss the applicants’ application with costs to the respondents and interested parties.It is so ordered.

DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 18^TH DAY OF MAY, 2023.E. O. OBAGAJUDGEIn the virtual presence of;Ms. Akinyi for Mr. Omusundi for 1^st and 2^nd Interested parties.Ms. Cheruiyot for 1^st and 2^nd Respondents.Court Assistant –LabanE. O. OBAGAJUDGE18^th MAY, 2023

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