AFRICAN WILDLIFE FOUNDATION REGISTERED TRUSTEES & 8 OTHERS V SINHYDRO CORPORATION LIMITED LTD [2010] KEHC 4093 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MACHAKOS

CIVIL CASE 131 OF 2009

1. AFRICAN WILDLIFE FOUNDATION REGISTERED TRUSTEES

2. AMBOSELI TRUST FOR ELEPHANTS

3. OL DONYO WUASI LTD

4. EAST AFRICAN WILDLIFE SOCIETY

5. LUCA SAFARI LTD

6. MAASAI WILDERNESS CONSERVATION TRUST

7. AFRICANCONSERVATIONCENTER

8. MAASAI PRESERVATION TRUST

9. EXPLORE MARA LTD……………………………... …………………..…PLAINTIFFS

VERSUS

SINHYDRO CORPORATION LIMITED LTD………………………... DEFENDANT

RULING

1. On 26. 10. 2009, I set down the application dated 30. 4.2009 for Ruling on 16. 12. 2009. When I retired to consider the issues in contest, I realized that I am closely associated with the 9th Plaintiff, a company I acted for as an advocate and remain very close to its Directors. I had not previously noticed that it was a party to the suit because it was only introduced by an amendment to the Plaint filed on 2. 7.2009. I regret the inadvertence on my part.

2. In the event, and with sincere apologies to parties, I decline to make any orders in this matter and will instead disqualify myself and order that this file be placed before the Resident judge Machakos for appropriate directions and orders.

3. Orders accordingly.

Dated and delivered at Machakos this 11th day of February, 2010

Isaac Lenaola

Judge

In the presence of; Mr. Makanda for Plaintiff/Applicant

Isaac Lenaola

Judge