Republic v Water Secretary, Ministry of Water, Sanitation & Irrigation & 4 others; Home Bridge Limited (Interested Party); Tatu City Water and Sanitation (Exparte) [2023] KEELC 924 (KLR)

Republic v Water Secretary, Ministry of Water, Sanitation & Irrigation & 4 others; Home Bridge Limited (Interested Party); Tatu City Water and Sanitation (Exparte) (Judicial Review Cause 3’B’ of 2022) [2023] KEELC 924 (KLR) (16 February 2023) (Judgment)

Neutral citation: [2023] KEELC 924 (KLR)

Republic of Kenya

In the Environment and Land Court at Thika

Judicial Review Cause 3’B’ of 2022

JG Kemei, J

February 16, 2023

N THE MATTER OF AN APPLICATION BY TATU CITY WATER AND SANITATION COMPANY SEZ LIMITED FOR LEAVE TO INSTITUTE JUDICIAL REVIEW FOR ORDERS UNDER THE FAIR ADMINISTRATIVE ACTIONS ACT NO. 4 OF 2015 AND ORDER 53 OF THE CIVIL PROCEDURE RULES, 2010 AND

IN THE MATTER OF THE INFRINGEMENT OF ARTICLES 40, 47 & 50 OF THE CONSTITUTION, 2010

AND

IN THE MATTER OF THE WATER ACT 2016 & WATER SERVICES REGULATIONS, 2021

AND

IN THE MATTER OF LICENCE NO WASREB/LSA/FIC/72

Between

Republic

Applicant

and

Water Secretary, Ministry of Water, Sanitation & Irrigation

1st Respondent

County Executive, Water, Environment, Energy & Natural Resources County Government of Kiambu

2nd Respondent

Water Resources Regulatory Board

3rd Respondent

Ruiru Juja Water and Sewerage Company Limited

4th Respondent

Nairobi City Water and Sewerage Company Limited

5th Respondent

and

Home Bridge Limited

Interested Party

and

Tatu City Water and Sanitation

Exparte

Judgment

1. This court granted leave to the exparte applicant on the April 27, 2022 to bring judicial review application for orders interalia of certiorari, prohibition and against the respondents with respect to the minutes and resolutions of the meeting held in the ministry of water sanitation & irrigation on the April 5, 2022.

2. When the court retired to prepare the judgment, it became evident from the record that the applicant’s application dated the May 10, 2022 filed on the May 19, 2022 pursuant to the leave granted on the April 27, 2022 was incomplete. From the aforesaid application, I can gather that the same is based on the grounds set out in a statutory statement and verifying affidavit of Alex Kahu Kamuhia sworn on the April 22, 2022. With diligence I am unable to trace this pleading.

3. Consequently it would appear that the applicant failed to place before the court a complete application and to the extent that the statutory statement and the verifying affidavits are missing, the court is unable to determine the application in the manner in which it is, I find that the application before me is incompetent and I proceed to strike it out.

4. I make no orders as to costs.

5. Orders accordingly.

DELIVERED, DATED AND SIGNED AT THIKA THIS 16THDAY OF FEBRUARY, 2023 VIA MICROSOFT TEAMS.J G KEMEIJUDGEDelivered online in the presence of;Ms. Maina Sharon for Applicant1st and 2nd Respondents – AbsentMs Chidzao for 3rd Respondent4th Respondent – AbsentMs. Langat HB Mouti for 4th RespondentKyumu HB Muchemi for Interested PartyCourt Assistant – Esther / Kevin