Kochale & 5 others (Suing on behalf of the residents of Laisamis Constituency and Karare Ward Marsabit County) v Lake Turkana Wind Power Ltd & 3 others; Lesianntam & 5 others (Interested Parties) (Environment & Land Case 163 of 2014) [2023] KEELC 17551 (KLR) (22 May 2023) (Ruling)
Neutral citation:
[2023] KEELC 17551 (KLR)
Republic of Kenya
Environment & Land Case 163 of 2014
PM Njoroge, YM Angima & JG Kemei, JJ
May 22, 2023
Between
Mohamud Iltarakwa Kochale
1st Plaintiff
Kochale Somo Chale
2nd Plaintiff
Issa Jitewe Gambare
3rd Plaintiff
David Tomasot Arakhole
4th Plaintiff
William Lengoyiap
5th Plaintiff
Sekotey Seye
6th Plaintiff
Suing on behalf of the residents of Laisamis Constituency and Karare Ward Marsabit County
and
Lake Turkana Wind Power Ltd
1st Defendant
The Attorney General
2nd Defendant
Chief Land Registrar
3rd Defendant
The National Land Commission
4th Defendant
and
Aaron Iltele Lesianntam
Interested Party
Henry Parasian Sakalpo
Interested Party
Stephen Nakeno
Interested Party
Job Lmalsian Lengoya
Interested Party
Dair Lentipan
Interested Party
Gitson Energy Limited
Interested Party
Ruling
1.The court has considered the 1st Defendant’s application for the following orders;a.An order to be furnished with a copy of today’s ruling and a copy of the proceedings on the application for review.b.Leave to appeal against today’s ruling.c.Stay of execution of today’s orders.
2.Upon deliberation on those issues the court makes the following ordersa.The 1st defendant shall be supplied with a copy of todays ruling and a copy of proceedings upon payment of the applicable fee.b.Leave be and is hereby granted to the 1st Defendant to appeal against the ruling delivered today.c.The application for stay of execution is hereby declined since it was a dismissal of an application with negative connotations not amenable to the grant of a stay.
DELIVERED IN OPEN COURT AT ISIOLO THIS 22ND DAY OF MAY, 2023 IN THE PRESENCE OF; -Court assistant: BaloziHON. JUSTICE PETER MUCHOKI NJOROGE – PRESIDING JUDGEHON. JUSTICE YUVINALIS ANGIMA – JUDGEHON. LADY JUSTICE GRACE KEMEI - JUDGE