Mungai v Runda Water Ltd & another (Tribunal Case 5 of 2012) [2025] WAT 3 (KLR) (26 September 2025) (Ruling)
- Court
- WAT
- Case number
- 3
- Citation
- [2025] WAT 3 (KLR)
- Decided
- 26 September 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeWater AppealsPosturePreliminary Objection to Consolidated AppealsCoramHON. DR. MAXWEL MIYAWA, HON. ENG. GEORGE PHILIP OYAMO OTHIENO, HON. AMOS NDUNDA MUTUKU, HON DOMINIC AYORA, HON ABDI ALI MOHAMED
Holding
The Tribunal has jurisdiction to hear the consolidated appeals.
Facts
The Appellants filed consolidated appeals against decisions of Runda Water Ltd and Athi Water Services, alleging procedural lapses and jurisdictional issues.
Issues
- Whether the preliminary objection raises pure points of law.
- Whether this Tribunal has jurisdiction to hear the consolidated appeals.
- Whether the appeal was filed within the statutory time limit prescribed by Section 82(1) of the Water Act, 2002.
Reasoning
The Tribunal determined that the appeal was filed within the statutory time limit under the repealed Water Act, 2002, and that the Water Appeal Board had jurisdiction to hear disputes under the Water Act, 2002.
Outcome
The appeal was not dismissed.
Orders
- The appeal was not dismissed.
Authorities cited
Legislation (2)
- Water Act, 2002
- Water Act, 2016
Cases cited (1)
- Mukisa Biscuit Manufacturing Co. Ltd v West End Distributors Ltd (1969) EA 696
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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