Energy & Petroleum Regulatory Authority (previously known as Energy Regulatory Commission) v Gitson Energy Limited & 5 others (Civil Appeal (Application) E043 of 2022) [2024] KECA 116 (KLR) (9 February 2024) (Ruling)

Facts

The 1st respondent, Gitson Energy Ltd, obtained approval from the Ministry of Energy for a wind power project in Marsabit County, but the Ministry was frustrating the project and discriminating against it. The High Court granted an order of mandamus to compel the Ministry and the Authority to include the project in their list of approved projects and issue appropriate permits.

Issues

1. Whether the High Court erred in granting the orders of mandamus
2. Whether the intended appeal is frivolous and will be rendered nugatory if the orders are declined

Reasoning

The High Court erred in failing to appreciate that the 1st respondent had not fulfilled conditions precedent for the grant of the licence, including the absence of a feasibility study and availability of land. The intended appeal is not frivolous and the orders sought are proper for the grant of the orders.

Outcome

The application for stay of execution of the judgment of the High Court is granted.