Automated Summary
Key Facts
Ola Energy Kenya Limited appealed the revocation of its EIA License (granted May 2021 and revoked October 2022) by the National Environment Tribunal. The company sought expedited hearing of its appeal to prevent the lapse of its Development Approval/Permit (expiring June 2023) and Construction Permit (expiring 12 July 2023). The court dismissed the application, citing lack of jurisdiction over third-party permitting authorities (County Government of Mombasa and Energy & Petroleum Regulatory Authority) and noting the appeal's focus on reinstating the EIA License, not the permits themselves.
Issues
- Whether the National Environmental Tribunal's revocation of the EIA License on 19th October 2022 was lawful, and whether the court can confirm or reinstate the EIA License issued by NEMA on 31st May 2021.
- Whether the court has jurisdiction to extend permits issued by the County Government of Mombasa and Energy & Petroleum Regulatory Authority (third parties not parties to the appeal) pending the outcome of the appeal, despite these parties not being heard in the matter.
- Whether the application for ex-parte orders to expedite the appeal and extend permits was frivolous, scandalous, or vexatious, and whether it was founded on valid legal provisions.
Holdings
The court found the application not merited and dismissed it with costs. The court determined it has no jurisdiction to make orders against third parties (County Government of Mombasa and Energy & Petroleum Regulatory Authority) not party to the case, noting they were not heard. The application sought to extend time-bound permits but was deemed premature and an abuse of court process.
Remedies
- Application dismissed with costs
- Costs awarded to the respondents
Legal Principles
The court dismissed the application on the basis that it lacks jurisdiction to make orders against third parties not involved in the suit and that the application was premature, frivolous, and not founded on valid legal provisions.
Cited Statute
- Civil Procedure Act
- Constitution
- Civil Procedure Rules
Judge Name
N.A. Matheka
Passage Text
- I find that this application is not merited and I dismiss it with costs. It is so ordered.
- These are third parties not included in the instant appeal and the court cannot make orders extending orders issued by them pending the hearing and outcome of this appeal.
- The Applicant stated that the Development Approval/Permit... are set to lapse on June 2023 and 12th July, 2023 respectively, unless this appeal will have been concluded before those dates.