Water Resources Authority v Patel Coffee Estate (Environment and Land Appeal 45 of 2023) [2024] KEELC 1651 (KLR) (14 March 2024) (Ruling)

Summary at a glance

Facts

The respondent, Patel Coffee Estate, had a dam that breached in 2018, resulting in 48 deaths and displacement. The respondent was informed of the need to decommission the Tindress dam, but failed to comply. The Water Resources Authority (WRA) issued a temporary injunction against the respondent's decommissioning of the Tindress dam.

Issues

• Whether an injunction should be granted staying the orders issued on 8th December, 2023 in Water Tribunal Appeal No. TRWAC E001/2023.
• Whether an order of stay of proceedings should issue with regard to Water Tribunal Appeal No. TRWAC E001/2023 pending the hearing and determination of this appeal.

Reasoning

The court views the issue of granting an injunction as akin to determining the present appeal at an interlocutory stage, and thus cannot be granted at this stage. The court also notes that the appellant's appeal lacks merit and is misguided.

Outcome

The application for an injunction and stay of proceedings is dismissed.

Orders

• The application for an injunction against the orders issued by the Water Tribunal is dismissed.
• The application for an order of stay of proceedings with regard to Water Tribunal Appeal No. TRWAC E001/2023 is also dismissed.

Remedies

• The costs of the application are provided for.
• The appellant is ordered to pay the costs of the application.

Authorities cited