Cecilia Wanjiru Gicuru & Japheth Etale v Attorney General, Inspector General of Police & Director of Public Prosecution; Kenya Airports Authority (Interested Party) [2020] KEELC 344 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC PETITION NO. 18 OF 2020

(FORMERLY PETITION NO. 303 OF 2014

CECILIA WANJIRU GICURU......................................................................1ST PETITOINER

JAPHETH ETALE........................................................................................2ND PETITIONER

VERSUS

THE HON. ATTORNEY GENERAL..........................................................1ST RESPONDENT

THE INSPECTOR GENERAL OF POLICE............................................2ND RESPONDENT

DIRECTOR OF PUBLIC PROSECUTION.............................................3RD RESPONDENT

AND

KENYA AIRPORTS AUTHORITY.........................................................INTERSTED PARTY

10/12/20 (Virtual Court)

Coram

B M Eboso J

CA June

Mr Mutua for the Interested Party

No Appearance for the Petitioners

No Appearance for the Respondents

DIRECTIONS

1. Judge J A  Makau of the High Court rendered a final judgment in this matter on 11/6/2020. He found that the High Court did not have jurisdiction to grant the reliefs sought in the petition.  He nonetheless transferred the file to the Environment and Land Court notwithstanding the fact that he had rendered a final judgment in the Petition.

2. Subsequently, Judge Okong’o, the ELC Presiding Judge, allocated this file to me.

3. It is not clear if there still exists a suit capable of disposal after Judge Makau rendered his final judgement on 11/6/2020 and if I can reopen the petition for fresh hearing after a final judgment was rendered by the High Court.  Parties will attend court on 2/2/2021 and address me on this issue before I issue appropriate orders in this matter.

4. Counsel for the interested party shall serve a copy of these directions on all the parties.

DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 10TH DAY OF DECEMBER 2020.

B  M  EBOSO

JUDGE

In the Presence of: -

Mr. Mutua for the Interested Party

Court Clerk – June