Kochale & 5 others (Suing on behalf of the residents of Laisamis Constituency and Karare Ward Marsabit County) v Lake Turkana Wind Power Ltd & 3 others; Lesianntam & 5 others (Interested Parties) [2023] KEELC 17551 (KLR)

Kochale & 5 others (Suing on behalf of the residents of Laisamis Constituency and Karare Ward Marsabit County) v Lake Turkana Wind Power Ltd & 3 others; Lesianntam & 5 others (Interested Parties) (Environment & Land Case 163 of 2014) [2023] KEELC 17551 (KLR) (22 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17551 (KLR)

Republic of Kenya

In the Environment and Land Court at Isiolo

Environment & Land Case 163 of 2014

PM Njoroge, YM Angima & JG Kemei, JJ

May 22, 2023

Between

Mohamud Iltarakwa Kochale

1st Plaintiff

Kochale Somo Chale

2nd Plaintiff

Issa Jitewe Gambare

3rd Plaintiff

David Tomasot Arakhole

4th Plaintiff

William Lengoyiap

5th Plaintiff

Sekotey Seye

6th Plaintiff

Suing on behalf of the residents of Laisamis Constituency and Karare Ward Marsabit County

and

Lake Turkana Wind Power Ltd

1st Defendant

The Attorney General

2nd Defendant

Chief Land Registrar

3rd Defendant

The National Land Commission

4th Defendant

and

Aaron Iltele Lesianntam

Interested Party

Henry Parasian Sakalpo

Interested Party

Stephen Nakeno

Interested Party

Job Lmalsian Lengoya

Interested Party

Dair Lentipan

Interested Party

Gitson Energy Limited

Interested Party

Ruling

1. The court has considered the 1st Defendant’s application for the following orders;a.An order to be furnished with a copy of today’s ruling and a copy of the proceedings on the application for review.b.Leave to appeal against today’s ruling.c.Stay of execution of today’s orders.

2. Upon deliberation on those issues the court makes the following ordersa.The 1st defendant shall be supplied with a copy of todays ruling and a copy of proceedings upon payment of the applicable fee.b.Leave be and is hereby granted to the 1st Defendant to appeal against the ruling delivered today.c.The application for stay of execution is hereby declined since it was a dismissal of an application with negative connotations not amenable to the grant of a stay.

DELIVERED IN OPEN COURT AT ISIOLO THIS 22ND DAY OF MAY, 2023 IN THE PRESENCE OF; -Court assistant: BaloziHON. JUSTICE PETER MUCHOKI NJOROGE – PRESIDING JUDGEHON. JUSTICE YUVINALIS ANGIMA – JUDGEHON. LADY JUSTICE GRACE KEMEI - JUDGE