Case ID:158462

Njau Muchoki & 6 others v KTDA Greater Meru Power Company Limited & 5 others [2020] eKLR

Case Metadata

Case Number:

Environment and Land Case 113 of 2016

Parties:

Njau Muchoki, Japhet Ngige, Karimi Muriithi, Japhet Riungu Njau, Linus Nkonge Mukindia, Eliphaz Njagi Kiunga & Marangu v KTDA Greater Meru Power Company Limited, Ktda Power Company Limited, Weru Tea Factory Limited, Jiangxi Water & Hydropower Construction Company Limited, Andritz Hydro Gmbh & National Environmental Management

Date Delivered:

20 May 2020

Case Class:

Civil

Court:

Environment and Land Court at Meru

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Njau Muchoki & 6 others v KTDA Greater Meru Power Company Limited & 5 others [2020] eKLR

Court Division:

Environment and Land

County:

Meru

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO. 113 OF 2016

NJAU MUCHOKI............................................................................. 1

ST

PLAINTIFF

JAPHET NGIGE...............................................................................2

ND

PLAINTIFF

KARIMI MURIITHI........................................................................

3

RD

PLAINTIFF

JAPHET RIUNGU NJAU................................................................4

TH

PLAINTIFF

LINUS NKONGE MUKINDIA.......................................................5

TH

PLAINTIFF

ELIPHAZ NJAGI KIUNGA.......................................................... 6

TH

PLAINTIFF

MARANGU JUSTO........................................................................7

TH

PLAINTIFF

VERSUS

KTDA GREATER MERU POWER COMPANY LIMITED... 1

ST

DEFENDANT

KTDA POWER COMPANY LIMITED.....................................2

ND

DEFENDANT

WERU TEA FACTORY LIMITED............................................ 3

RD

DEFENDANT

JIANGXI WATER & HYDROPOWER CONSTRUCTION

COMPANY LIMITED..................................................................4

TH

DEFENDANT

ANDRITZ HYDRO GMBH.........................................................5

TH

DEFENDANT

NATIONAL ENVIRONMENTAL MANAGEMENT

AUTHORITY.................................................................................6

TH

DEFENDANT

DIRECTIONS/RULING

This court was to deliver a ruling in respect of the application dated 20/7/2018. A perusal of the record however reveals that the application does not exists, the same having been dismissed on 8.10.2018 for non-attendance by the applicants. Unless and until the said application is reinstated, the court cannot purport to proceed with the determination of the issues raised therein. In the circumstances, the directions given by the court after 8.10.2018 regarding the hearing of the non-existent application are declared superfluous. It is so ordered.

DATED, SIGNED AND DELIVERED AT MERU THIS 20

TH

DAY OF MAY, 2020

HON. LUCY. N. MBUGUA

ELC JUDGE

ORDER

The date of delivery of this ruling was given to the parties at the conclusion of the hearing and by a fresh notice by the Deputy Registrar. In light of the declaration of measures restricting court operations due to the

COVID-19

pandemic

and following the practice directions issued by his Lordship, the Chief Justice dated 17

th

March, 2020 and published in the Kenya Gazette of 17

th

April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the

Civil Procedure Rules

which requires that all judgments and rulings be pronounced in open court.

HON. LUCY N. MBUGUA

ELC JUDGE