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Cortec Mining Kenya Limited v. Cabinet Secretary, Ministry of Mining, Attorney General, National Environmental Management Authority, Basu Mining Company Limited, Kenya Forest Service, National Museums of Kenya, Mshenga Vuyaa Ruga, Benson Kioko Mulangili, Matheus Mutinda Mutua & County Government of Kwale

(2017) JELR 103074 (CA)

Court of Appeal  •  Civil Appeal 105 of 2015  •  9 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The appeal before us appears complex on account of the multiplicity of parties and the voluminous record extending to about 2000 pages of reading material. But it focuses on one main issue: whether the judicial review orders of Certiorari and Prohibition (JR) should have issued as sought by the appellant before the Environment and Land Court (ELC), Mutungi, J.

2. The appellant (hereinafter, "Cortec"), a Canadian based company, was locally incorporated on 4th July, 2007 and its core business is prospecting, exploration and mining. It was represented before us by learned counsel Mr. Nelson Havi instructed by M/s Havi and Company Advocates. The 1st respondent is the Cabinet Secretary in the Ministry of Mining ('CS') who was represented by learned counsel Mr. Fred Ngatia instructed by the Attorney General; while the 2nd respondent, Attorney General ('AG'), was represented by State Counsel Mr. Emmanuel Bitta. The other 8 respondents were enjoined in the proceedings b…

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