Republic v Cabinet Secretary for Petroleum & Mining & 2 others Ex parte Dennis Ruto Kapchok (Suing on his Behalf and on behalf of the Citizens of Tamkal, Kiwawa, Alale, Ortum Sebit, Pusel and Chepchoi, Iyon Iyang River, Marich and Endough in West Pokot County; County Governmetn of West Pokot & another (Interested Parties) [2019] KEELC 680 (KLR)
- Court
- Environment & Land Court
- Case number
- 680
- Citation
- [2019] KEELC 680 (KLR)
- Decided
- 21 November 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPosturePreliminary Objection to Amended Chamber Summons ApplicationCoramJustice, Visram
Holding
The court dismissed the preliminary objection, finding that the court does have jurisdiction to hear the matter and that the proceedings are not defective.
Facts
The Republic of Kenya is seeking judicial review of the decisions made by the Cabinet Secretary for Petroleum & Mining regarding mining licenses granted to Cemtech Limited.
Issues
- Whether the court has jurisdiction to hear the matter
- Whether the proceedings are defective for want of compliance with the law
- What orders should issue
Reasoning
The court ruled that the court has jurisdiction to entertain the application and that the application is not fatally defective.
Outcome
The preliminary objection was dismissed.
Orders
- The preliminary objection was dismissed.
- The orders sought in the Amended Chamber Summons Application will be granted.
Authorities cited
Legislation (2)
- Fair Administrative Actions Act, No. 4 of 2015
- Mining Act, No. 12 of 2016
Cases cited (1)
- Owners of the Motor Vessel Lillian 'S' vs Caltex Kenya Ltd 1989 KLR 1
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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