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OKIYA OMTATAH OKOITI V. KENYA POWER AND LIGHTING COMPANY, AMU POWER COMPANY LIMITED, ENERGY REGULATORY COMMISSION, PRINCIPAL SECRETARY, NATIONAL TREASURY, PRINCIPAL SECRETARY, MINISTRY OF ENERGY & PETROLEUM, ATTORNEY GENERAL, NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA), SAVE LAMU, KENYA NATIONAL COMMISSION ON HUMAN RIGHTS, KENYA HUMAN RIGHTS COMMISSION & NATIONAL ENVIRONMENT TRIBUNAL

(2019) JELR 93871 (CA)

Court of Appeal  •  Civil Application 58 of 2018  •  20 Mar 2019  •  Kenya

Coram
Wanjiru Karanja

Judgement

RULING

1. Before me is an application for enlargement of time to serve Notice of Appeal, pronounced to be brought under Rules 1(2) ,4, 53(1) and 77 of the Court of Appeal Rules (the Rules), dated 7th May, 2018 by the applicant, Okiya Omtata Okoiti in which he prays for orders as follows:-

a) that this Court be pleased to extend time and grant leave to serve the Notice of Appeal herein on the respondents out of time in the appeal from the ruling/order of the High Court given in Malindi, in the Environment and Land Court Petition No.14 of 2017;

b) that the Notice of Appeal dated 21st March, 2018 and served on the respondents on 7th May, 2018, being the Notice of Appeal in the intended appeal, be deemed to have been duly served within the said extended time prescribed by this Court; and

c) ...such other or further orders as may be made to meet the ends of justice and to safeguard and protect the authority and dignity of this Court and the rule of law.

2. It is premised on not less than 20 pro…

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