Naivasha Quarry Project Limited v Kenya Wildlife Service [2013] KEHC 6805 (KLR)

REPUBLIC OF KENYA

IN THE LAND AND ENVIRONMENT COURT OF KENYA AT NAKURU

CIVIL SUIT NO 23 OF 2012

NAIVASHA QUARRY PROJECT LIMITED….PLAINATIFF

VERSUS

KENYA WILDLIFE SERVICE………………….DEFENDANT

RULING

This is an application by Notice of Motion dated 12th November,2012. The applicant seeks the following orders among others: That this suit be transferred to the Environment and Land Court, Nairobi for hearing and final determination.

The application is premised on the grounds that   the  plaintiff’s  members in the  year 2001, threatened the  Defendant’s counsel and employees with  violence and  or physical injury. Again on 28th June, 2012, the plaintiffs members acted in a similar manner towards the Defendants officers. To enable  the defendants  counsel, its officers  and witnesses feel secure this suit should be  transferred  to the  Environment and Land Court, Nairobi for hearing and  final  determination.

In his  supporting affidavit sworn on 12th November, 2012 Patrick Lutta ( Counsel for  the  Defendant,)    depones that  he   represents  the  Defendant  in  several  matters, some  in  Naivasha. In 2001, after attending the  hearing of  SRMCC 290 of 2000 he attempted to  effect service  upon the  plaintiffs  in  their  offices  within Naivasha  town.  He was accompanied by police escort and  Mr  Muriuki, a  security officer  of the  Defendant. The  plaintiffs  members on that day threatened  to  lynch them and  set their  vehicle  ablaze  but they  were restrained by the  police  officers who had  accompanied  them. They warned him not to interfere with issues relating to the suit property. Again on or  about  28th June, 2012 the plaintiff members became very aggressive towards the  Defendant's  officers  to the extent that Police  had to be  called  in to maintain peace. The  deponent now fears  for  his  safety and is not comfortable travelling  from  Nairobi to  Nakuru and  back to  attend to  this  matter.

This application was first brought before me under certificate of urgency on 22nd February 2013. I certified the application urgent and directed that the applicants do serve the plaintiff/respondent with the hearing notice and return for interparties hearing on 21stMay 2013. An affidavit of service sworn on 11th June, 2013 by Elijah Moki John was filed stating that the plaintiff was served.

The application by the defence counsel is straight forward. In the replying affidavit by the plaintiff the same is not opposed. I have read the supporting affidavit. Counsel for the defendant is concerned about his safety while conducting this matter in Nakuru. He has enumerated instances when he really felt threatened. He is a court officer and desires to conduct matters without intimidation or anxiety over his personal safety.

I therefore direct this cause be transferred to Nairobi for eventual hearing and disposal. The Deputy Registrar is directed accordingly.

Costs in the cause.

Dated signed and delivered in  open  court this 4th day of  October 2013

L N WAITHAKA

JUDGE

Present

Mr  Githui holding brief  for   Mr  Lutta for  Defendant/Applicant

N/A  for the  plaintiff/Respondent

Stephen  Mwangi: Court  Clerk

L N WAITHAKA

JUDGE