Cortec Mining Kenya Limited v Cabinet Secretary, Ministry Of Mining & another [2013] KEHC 6504 (KLR)
- Court
- High Court of Kenya
- Case number
- 6504
- Citation
- [2013] KEHC 6504 (KLR)
- Decided
- 21 August 2013
Justice declined to strike out the depositions of the National Environment Management Authority, Basu Mining Limited, and Kenya Forestry Service as interested parties.
Facts
Cortec Mining Kenya Limited applied for leave to commence judicial review proceedings to quash and prohibit the revocation of its Special (Mining) Licence No. 351 and the appointment of a task force to review the licence. The Cabinet Secretary, Ministry of Mining and the Attorney General were the respondents.
Issues
- Whether the revocation of the mining licence and the appointment of a task force to review the licence are valid.
- Whether the National Environment Management Authority, Basu Mining Limited, and Kenya Forestry Service are necessary parties to the proceedings.
Reasoning
The court considered the necessity of the National Environment Management Authority, Basu Mining Limited, and Kenya Forestry Service as parties to the proceedings due to their roles in the environment and the mining process.
Outcome
The application for leave to commence judicial review proceedings and stay of implementation of the decision was granted.
Orders
- National Environment Management Authority, Basu Mining Limited, and Kenya Forestry Service were admitted as interested parties to the proceedings.
Authorities cited
Legislation (1)
- Environmental Management and Coordination Act, Act 8 of 1991
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