CORTEC MINING KENYA LIMITED V. CABINET SECRETARY, ATTORNEY GENERAL, NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY , BASU MINING COMPANY LIMITED, KENYA FOREST SERVICE, NATIONAL MUSEUMS OF KENYA, MSHENGA VYAA RUGA, BENSON KIOKO MULANGILI MATHEUS MUTINDA MUTUA & COUNTY GOVERNMENT OF KWALE

RULING OF THE COURT

1. CORTEC MINING KENYA LIMITED (“the applicant”) has appealed to this Court (in Civil Appeal No.105 of 2015) against the decree ensuing from the judgment of the High Court of Kenya (Mutungi J) delivered in Nairobi on 20^th March 2015 in Judicial Review Cause No.195 of 2015. The applicant had sought in the High Court (Judicial Review) proceedings an order of certiorari to quash the decision of the Cabinet Secretary, Ministry of Mining (1^st respondent) and the Attorney General (the 2^nd respondent) made on 5^th August 2013 purporting to revoke the applicant’s special (mining) Licence Number 351 issued on 7^th March 2013 and appointing a Task Force to undertake a review of the applicant’s licence. The applicant also sought an order of prohibition against the 1^st and 2^nd respondents prohibiting them from taking any steps to revoke the licence during the pendency of the said judicial review proceedings.

2. In its judgment delivered and dated 20^th March 2015, the High Court he…