BASU MINING LIMITED V. COMMISSIONER OF MINES & ANOR.; CORTEC MINING LIMITED & 5 ORS. (INTERESTED PARTY)

JUDGMENT

1. On 24th March 2015, Basu Mining Limited filed an appeal against the judgment of Mutungi J dated 20th March 2015.

2. The appeal stems from judicial review proceedings that had initially been filed at Milimani Law Courts Judicial Review Division on 23rd September 2013, in which the appellant had sought inter alia, orders of Certiorari to issue to remove and bring before the honourable court for purposes of quashing any proceedings, authority, decision and or order of the 1st respondent and or their officers, servants, agents, subordinates and or employees granting and or issuing the special mining licence No. 351 issued to Cortec Mining Kenya Limited (the 1st interested party herein).

3. The matter was heard by Mutungi J who in a judgment delivered on 20th March, 2015, dismissed the same holding inter alia that:

   "the applicant’s application for declaratory orders within the present judicial review proceedings was incompetent and could not be granted.”

4. The appellant was aggrieved with the …