Kiliavo Fresh Limited v National Environmental Tribunal [2021] KEELC 3316 (KLR)
- Court
- Environment & Land Court
- Case number
- 3316
- Citation
- [2021] KEELC 3316 (KLR)
- Decided
- 10 May 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for leave to apply for judicial review order of certiorari and prohibition; and such leave to operate as stayCoramCHRISTINE OCHIENG
Holding
The court denied the application to join the Conservation Alliance of Kenya and the Big Life Foundation as interested parties and maintained the status quo.
Facts
The National Environmental Tribunal (NET) issued orders on March 23, 2021 in appeal no. NET 38/2020. Kiliavo Fresh Limited (KFL) applied for leave to apply for judicial review of these orders.
Issues
- Whether the Intended Interested Parties should be enjoined in this suit.
- Whether the Status quo should be maintained in respect of orders issued by the National Environment Tribunal on March 23, 2021 in NET 38/2020 until finalization of present suit.
Reasoning
The court ruled that the Intended Interested Parties did not meet the criteria to be joined as interested parties and that the issues to be determined by the court will remain those presented by the principal parties.
Outcome
Denied
Orders
- The Conservation Alliance of Kenya and the Big Life Foundation are not granted leave to join as interested parties.
- The status quo is maintained in respect of orders issued by the National Environment Tribunal on March 23, 2021 in NET 38/2020 until finalization of the present suit.
Authorities cited
Legislation (5)
- Civil Procedure Rules
- Civil Procedure Act
- Environment Management and Co-ordination Act
- Fair Administrative Actions Act
- Constitution of Kenya, 2010
Cases cited (1)
- Francis Karioki Muruatetu & another v Republic & 5 others [2016] eKLR
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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