Swing Limited v Attorney General Sued on behalf of the (Kenya Meteorological Department) & 4 others [2024] KEELC 5661 (KLR)

Swing Limited v Attorney General Sued on behalf of the (Kenya Meteorological Department) & 4 others (Environment & Land Case 114 of 2020) [2024] KEELC 5661 (KLR) (16 July 2024) (Ruling)

Neutral citation: [2024] KEELC 5661 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 114 of 2020

LN Mbugua, J

July 16, 2024

Between

Swing Limited

Plaintiff

and

Attorney General Sued on behalf of the (Kenya Meteorological Department)

1st Defendant

Development and Public Works

2nd Defendant

Lands And Physical Planning

3rd Defendant

The Attorney General

4th Defendant

United Care Limited

5th Defendant

Ruling

1. I have perused the court record. I find that indeed there are documents which have been filed by the Attorney General on 15. 7.2024 which includes witness statements and a rather bulky bundle. None of the advocates have sought for the expunging of the said documents. If the hearing commences today, it means that the hearing would not be in tandem with the principles of a fair hearing as envisaged under Article 50 (1) of the constitution. In that regard, the court adjourns the case on the basis that some documents have been filed by the Attorney General just a day before the hearing, of which the 5th defendant is of the opinion that they stand to be prejudiced.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JULY, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Thuo for Plaintiff and P. MuiteKamau A for Attorney GeneralOdati for 5th DefendantCourt assistant: Joan