Owiti v Kisumu Water and Sanitation Company Limited & another; County Government of Kisumu (Interested Party) (Environment and Land Judicial Review Case E013 of 2022) [2022] KEELC 13366 (KLR) (30 September 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13366
- Citation
- [2022] KEELC 13366 (KLR)
- Decided
- 30 September 2022
Summary at a glance
TypeJudicial ReviewPostureApplication for Leave to Apply for Judicial Review Orders of Certiorari and MandamusCoramOmbwayo, J
Leave to apply for judicial review orders of certiorari and mandamus is granted
Facts
The applicant alleged that no public participation was carried out among the residents of Kisumu prior to the approval of new water tariffs by the 2nd respondent. However, the 1st respondent claimed compliance with constitutional and statutory requirements.
Issues
- Whether leave should be granted to operate as a stay
- Compliance with public participation requirements
Reasoning
The court found that the 1st respondent complied with the public consultation requirements as per the Water Act, and the new water tariff structure has already been implemented.
Outcome
Leave granted
Orders
- Leave to apply for judicial review orders of certiorari and mandamus granted
Authorities cited
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