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Tullow Oil PLC, Arica Oil Turkana Ltd, African oil Kenya BV & Angus McCoss v. PS Ministry of Energy, Minister of Energy Kenya, Ministry of Planning & Development Kenya, National Oil Corporation Kenya, National Environmental Authority, Geothermal Development Company, Centric Energy Corporation, Platform Resources INC 0903658 BC lTD, Alec Edward Robinson, Summayya Athman (MD NOCK), Patric Mwaura Nyoike, China National Oil Offshore Corporation, Interestate Petroleum Company Ltd, Maosa Kengara Monena & Edward Kings Onyancha Maina

(2020) JELR 95135 (SC)

Supreme Court  •  Civil Application 1 of 2020  •  30 Apr 2020  •  Kenya

Coram
Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. INTRODUCTION

[1] On 8th May 2019, this Court delivered a Ruling in which we allowed a Notice of Motion dated 28th February 2018 by Tullow Oil PLC, Africa Oil Turkana Limited, African Oil Kenya Limited and Angus McCoss seeking orders that the present Applicant’s Notice of Appeal dated 8th August 2016 be deemed as withdrawn and in the alternative that the same be struck out. In effect, we terminated the Applicant’s attempt at filing an appeal before this Court.

B. THE APPLICATION

[2] Before us now is a Notice of Motion dated 13th January 2020 by the Applicant, who was the 16th Respondent in Eldoret C.A. No.376 of 2014, C.A. No.18 of 2015 and C.A. No.45 of 2015, as consolidated. The Motion is expressed to be brought under Sections 1A, 1B, 3A and 100 of the Civil Procedure Act, Cap.21, Section 3 of the Supreme Court Act as well as Articles 1,2, 3(1), 10, 19-23, 27, 40, 47, 48, 50, 156(6), 159(2) (d), 166(2)(c), 259 and 260 of the Constitution.

[3] The Applicant prays tha…

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