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

RULING

A. INTRODUCTION

[1] This is an application by way of a Notice of Motion dated 28^th February, 2018 brought under Rules 3(1), (2) and (5) and 37 of the Supreme Court Rules. The application seeks the following substantive orders:

1. The Notice of Appeal dated 8/8/2016 lodged by Edward Kings Onyancha Maina, the 16^th Respondent herein be and is hereby deemed as withdrawn;

2. In the alternative, Notice of Appeal dated 8/8/2016 lodged by Edward Kings Onyancha Maina, the 16^th Respondent be and is hereby struck out.

3. The costs of this application be borne by the 16^th Respondent.

[2] The application is based on eight (8) grounds in the body of the application and the supporting affidavit of Martin Ombogo, the Country Manager of Tullow Kenya B.V, a subsidiary of Tullow Oil Plc, sworn on 28^th February, 2018.

[3] The 16^th Respondent has filed a Notice of Preliminary Objection on Points of Law dated 4^th April, 2018.

B. BACKGROUND

I. Proceedings at the High Court

[4] This cause originates from a deci…