Njau Muchoki, Japhet Ngige, Karimi Muriithi, Japhet Riungu Njau, Linus Nkonge Mukindia, Eliphaz Njagi Kiunga & Marangu v KTDA Greater Meru Power Company Limited, Ktda Power Company Limited, Weru Tea Factory Limited, Jiangxi Water & Hydropower Construction Company Limited, Andritz Hydro Gmbh & National Environmental Management [2020] KEELC 2440 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC CASE NO. 113 OF 2016

NJAU MUCHOKI............................................................................. 1ST PLAINTIFF

JAPHET NGIGE...............................................................................2ND PLAINTIFF

KARIMI MURIITHI........................................................................3RD PLAINTIFF

JAPHET RIUNGU NJAU................................................................4TH PLAINTIFF

LINUS NKONGE MUKINDIA.......................................................5TH PLAINTIFF

ELIPHAZ NJAGI KIUNGA.......................................................... 6TH PLAINTIFF

MARANGU JUSTO........................................................................7TH PLAINTIFF

VERSUS

KTDA GREATER MERU POWER COMPANY LIMITED... 1ST DEFENDANT

KTDA POWER COMPANY LIMITED.....................................2ND DEFENDANT

WERU TEA FACTORY LIMITED............................................ 3RD DEFENDANT

JIANGXI WATER & HYDROPOWER CONSTRUCTION

COMPANY LIMITED..................................................................4TH DEFENDANT

ANDRITZ HYDRO GMBH.........................................................5TH DEFENDANT

NATIONAL ENVIRONMENTAL MANAGEMENT

AUTHORITY.................................................................................6TH DEFENDANT

DIRECTIONS/RULING

This court was to deliver a ruling in respect of the application dated 20/7/2018. A perusal of the record however reveals that the application does not exists, the same having been dismissed on 8. 10. 2018 for non-attendance by the applicants. Unless and until the said application is reinstated, the court cannot purport to proceed with the determination of the issues raised therein. In the circumstances, the directions given by the court after 8. 10. 2018 regarding the hearing of the non-existent application are declared superfluous. It is so ordered.

DATED, SIGNED AND DELIVERED AT MERU THIS 20TH DAY OF MAY, 2020

HON. LUCY. N. MBUGUA

ELC JUDGE

ORDER

The date of delivery of this ruling was given to the parties at the conclusion of the hearing and by a fresh notice by the Deputy Registrar.  In light of the declaration of measures restricting court operations due to the COVID-19 pandemicand following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this ruling has been delivered to the parties by electronic mail.  They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.

HON. LUCY N. MBUGUA

ELC JUDGE