Communist Party of Kenya v Nairobi Metropolitan Services & 3 others; National Environment Management Authority & another (Interested Parties) [2021] KEELC 125 (KLR)
- Court
- Environment & Land Court
- Case number
- 125
- Citation
- [2021] KEELC 125 (KLR)
- Decided
- 30 December 2021
The court found that the application was filed timeously and that a review order should be granted only in exceptional circumstances.
Facts
The Communist Party of Kenya petitioned the court to restrain Nairobi Metropolitan Services and others from carrying out renovations, cutting down trees, and works on Uhuru Park pending the hearing and determination of the petition.
Issues
- Whether the court should proceed to set aside the proceedings of 6th December 2021 and its subsequent ruling and/or conservatory orders issued on 7th December 2021
Reasoning
The court applied Civil Procedure Rules and Mutunga Rules to determine the jurisdiction to review its own orders. It held that a review order should be granted only in exceptional circumstances, such as discovery of new and important matter or evidence, or a mistake or error apparent on the face of the record.
Outcome
The court denied the application to set aside the proceedings and orders.
Orders
- The court denied the application to set aside the proceedings and orders
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules 2010
- Protection of Rights and Fundamental Freedoms Practice and Procedure Rules 2013
Cases cited (2)
- Benjoh Amalgamated Ltd vs Kenya Commercial Bank Ltd
- National Bank of Kenya Limited v Ndungu Njau
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