Kongo v China Henan International Corporation Group Company Limited [2023] KEELC 21100 (KLR)

Kongo v China Henan International Corporation Group Company Limited (Environment & Land Petition E001 of 2023) [2023] KEELC 21100 (KLR) (26 October 2023) (Ruling)

Neutral citation: [2023] KEELC 21100 (KLR)

Republic of Kenya

In the Environment and Land Court at Homa Bay

Environment & Land Petition E001 of 2023

GMA Ongondo, J

October 26, 2023

IN THE MATTER OF THE CONTRAVENTION, TOTAL VIOLATION AND THREATENED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND FREEDOMS UNDER ARTICLES 26,28,40,42 (a & b) 43 (1) (b and c), 69 (2), AND 70 (C), OF THE CONSTITUTION OF KENYA, 2010: AND IN THE MATTER OF ENFORCEMENT OF ARTICLES 20 (1), 22 (1), 23 (3), 42(a & b); 43 (1) (b & c); 69 (2) AND 70 (C), OF THE CONSTITUTION OF KENYA, 2010,

Between

Samwel Yogo Kongo

Petitioner

and

China Henan International Corporation Group Company Limited

Respondent

Ruling

1. The present Petition dated 1st October 2023 and lodged on 3rd August 2023 by the Petitioner, Samwel Yogo Kongo through Quinter Adoyo and Company Advocates, was wrongly brought as Environment and Planning civil case as filed herein. The same relates to alleged isolation of the Petitioner’s rights under, inter alia, Articles 69(2) and 70(c) of Constitution of Kenya, 2010.

2. I have noted a reply to the Petition dated 11th September 2023 by the respondent through Ms. Nyamurongi and company advocates duly filed herein on 12th September 2023.

3. I bear on mind the destruction between a matter struck out and dismissed one; see Ngoni Matengo Cooperative Marketing Union Limited versus Ali Mohammed Osman (1959) EA 577.

4. In the foregone, this petition which is wrongly filed is hereby struck out with no orders as to costs.

5. It is so ordered.

DELIVERED, DATED AND SIGNED AT HOMABAY THIS 26TH DAY OF OCTOBER 2023. G.M.A ONG’ONDOJUDGE