Watamu Men Fridays Limited & another v Attorney General & 6 others (Environment & Land Case 104 & 4 of 2019 (Consolidated)) [2024] KEELC 6731 (KLR) (15 October 2024) (Ruling)

Summary at a glance

Facts

The plaintiff, Watamu Men Fridays Limited, sought orders against the 2nd, 3rd, and 4th defendants to supply information regarding officers who registered Parcel No. Kili/Jimba/1125 as entry no. 9 dated 13.2.2020 and subdivided it into three portions.

Issues

• Whether the 2nd, 3rd, and 4th defendants should be compelled to supply the court under oath the names and service numbers of the officers who registered Parcel No. Kili/Jimba/1125 as entry no. 9 dated 13.2.2020 and the subdivisions thereto.
• Whether the plaintiff has made any attempts to obtain the information through formal requests as required by the Access to Information Act, 2016.

Reasoning

The court finds that the plaintiff has not attempted to obtain the information through formal requests as required by the Access to Information Act, 2016, and that the relief sought is an abuse of the court process.

Outcome

Application dismissed

Orders

• The application is set down for hearing in respect of the other prayers.
• The applicant shall file and serve submissions in respect of prayers (c), (d), (e), (f) and (g) within 7 days from today.
• The respondents shall respond thereto within 7 days of service.

Authorities cited