Sikalie (Chairman) Suing on behalf of Karen Langata District Association v Nairobi City County Government; Director General Nairobi Metropolitan Services & 3 others (Interested Parties) [2023] KEELC 16223 (KLR) | Interim Orders | Esheria

Sikalie (Chairman) Suing on behalf of Karen Langata District Association v Nairobi City County Government; Director General Nairobi Metropolitan Services & 3 others (Interested Parties) [2023] KEELC 16223 (KLR)

Full Case Text

Sikalie (Chairman) Suing on behalf of Karen Langata District Association v Nairobi City County Government; Director General Nairobi Metropolitan Services & 3 others (Interested Parties) (Environment and Land Constitutional Petition E027 of 2022) [2023] KEELC 16223 (KLR) (2 March 2023) (Ruling)

Neutral citation: [2023] KEELC 16223 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment and Land Constitutional Petition E027 of 2022

LN Mbugua, J

March 2, 2023

Between

Samora Sikalie (Chairman) Suing on behalf of Karen Langata District Association

Applicant

and

Nairobi City County Government

Respondent

and

Director General Nairobi Metropolitan Services

Interested Party

Director General National Environment Management Authority

Interested Party

Parliamentary Service Commission

Interested Party

Arprim Consultants

Interested Party

Ruling

1. This ruling relates to the oral application made on February 20, 2023 by the petitioner for the extension of the interim orders issued on August 2, 2022. It is contended that the said orders were never vacated and relate to maintenance of status quo.

2. Both the Respondent and the Interested Parties have opposed the application averring that any such interim orders were vacated on October 19, 2022.

3. I find that on July 28, 2022, the court gave interim orders of maintenance of status – quo until further directions were given by the court.

4. On October 19, 2022, the court gave orders as follows'For ANY interim orders given herein, the same shall not be extended.'

5. 'Any' means 'all indiscriminately' meaning any subsisting interim orders came to an end on October 19, 2022, thus the court cannot extend that which does not exist. It follows that the application for extension of interim order is not merited.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 2ND DAY OF MARCH, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Mrs. Lichuma for PetitionerMwanyia for RespondentMr. Angaya for 3rd Interested PartyM/s Ambao holding brief for Mr. Amadi for the 4th Interested PartyCourt assistant: Vanilla