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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)

[2022] KEELC 13366 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
13366
Citation
[2022] KEELC 13366 (KLR)
Decided
30 September 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (5)
  • Water Act, No. 43 of 2016
  • Law Reform Act, Cap 26 Laws of Kenya
  • Fair Administrative Act, No. 4 of 2015
  • Consumer Protection Act, No. 46 of 2012
  • Constitution of Kenya 2010
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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