Pius Watene D Maina (suing for and on behalf of the Baptist Convention of Kenya v Director General Kenya Urban Roads Authority,Hyperteck Contractors & Equipment Limited, Kenya Power & Lighting Company, Inspector General of Police, OCS Chuka Police Station & Attorney General [2020] KEELC 1254 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT CHUKA

CHUKA ELC  CASE NO.  03 OF 2020

PIUS WATENE D MAINA(suing for and on behalf of theBaptistConvention

ofKenya.................................................................................................................PLAINTIFF/APPLICANT

VERSUS

THE DIRECTOR GENERAL KENYA URBAN ROADS AUTHORITY... 1ST DEFENDANT/RESPONDENT

HYPERTECK CONTRACTORS & EQUIPMENT LIMITED  ................2ND DEFENDANT/RESPONDENT

KENYA POWER & LIGHTING COMPANY..........................................3RD DEFENDANT/RESPONDENT

THE INSPECTOR GENERAL OF POLICE............................................4TH DEFENDANT/RESPONDENT

THE OCS CHUKA POLICE STATION..................................................5TH DEFENDANT/RESPONDENT

THE HONOURABLE ATTORNEY GENERAL.................................................................6TH DEFENDANT

RULING

1. There is a Preliminary Objection dated 19. 6.2020 and an application dated 29. 6.2020. Mr. Kiongo for 3rd, 4th, 5th and 6th defendants asked the court to hear the Preliminary Objection and the application first.

2. The application dated 29. 6.2020 and the Preliminary Objection dated 19. 6.2020 will be heard first before the court proceeds to hear the main suit.

3. The applicant is directed to file his submissions concerning the application dated 29th June, 2020 and the Preliminary Objection dated 19th June, 2020 within 7 days of today and all other parties are to do so within 7 days after receipt of the applicant’s written submissions.

4. Extant interim orders are extended in terms of section 63 of the Civil Procedure Act.

5. Soft copies of all proceedings are to be availed to the ELC registry.

6. Directions to confirm filing of submissions to take place on 27. 10. 2020.

Written and delivered in open Court at Chuka this 29th day of September, 2020 in the presence of:

CA; Ndegwa

Muthomi Gitari for the Plaintiff

Kiongo present for 1st, 4th, 5th and 6th defendants

Kiongo h/b Kithinji for the 3rd defendant

P. M. NJOROGE,

JUDGE.