AFRICA OIL TURKANA LIMITED AFRICA OIL CORPORATION, AFRICA OIL KENYA BV (PREVIOUSLY KNOWN LUNDIN KENYA B.V & KEITH HILL V. PERMANENT SECRETARY, MINISTRY OF ENERGY, MINISTER OF ENERGY, MINISTER OF PLANNING & DEVELOPMENT, NATIONAL OIL CORPORATION OF KENYA, ENVIRONMENT MANAGEMENT AUTORITY, GEOTHERMAL DEVELOPMENT COMPANY, CENTRIC ENERGY CORPORATION, PLATFORM RESOURCES INC, TULLOW OIL PLC, 0903658 B.C. LTD, ALEC EDWARD ROBINSON, ANGUS MCCOSS, SUMAYYA ATHMANU (MD NOCK), PATRICK MWAURA NYOIKE, CHINA NATIONAL OFFSHORE OIL CORP, INTERSTATE PETROLEUM COMPANY LTD, MONENA M. KENGARA, EDWARD KINGS ONYANCHA MAINA

JUDGMENT OF THE COURT

1. The three appeals before us stem from one decision of the High Court of Kenya at Kitale (J. R. Karanja, J.) contained in a ruling delivered on 5^th March, 2013 by which that court rejected the appellants’ applications to dismiss or strike out a judicial review application by the 16^th to 18^th respondents. By consent of all the parties, the three appeals were consolidated by an order of the Court given at the commencement of the hearing of the appeals on 26^th April, 2016. It was further agreed that the consolidated appeals would be conducted under Civil Appeal No. 376 of 2014 as the lead file.

2. The three appeals raise one common principal question, namely, whether the doctrine of res judicata applies to judicial review proceedings.

Background

3. Interstate Petroleum Company Limited (named as the 16^th respondent and as the 1^st subject in Civil Appeal No. 376 of 2014; as the 20^th respondent in Civil Appeal No. 45 of 2015; and as the 14^th respondent in Civil Appeal No…