Case law
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Division and case type: Environment and Land CourtPetition
…Counsel submitted that in public interest litigation, courts have adopted a nuanced approach.…
…The first question is whether the Petition was public interest litigation. Considering the Petition as drawn and filed, I am satisfied that it was.…
Division and case type: Environment and Land CourtPetition
…The Petitioner seeks the costs of the Petition and of the application dated 22nd December 2022 against the 1st Respondent, on the grounds that the Petition was warranted, necessary and in the public interest. 9.…
…Counsel also invoked the public interest character of the litigation.…
Division and case type: Environment and Land CourtPetition
…The 1st Respondent is likely to execute the Ruling and Order on the issue of costs of the application dated 22nd April 2024 at any time; g) THAT the matter is of utmost public importance and is public interest litigation…
…Therefore, the public interest favors the grant of an order for stay of execution pending appeal as the decision rendered by the High Court on 13th March 2023 has never been appealed against or reviewed by this Honourable…
Division and case type: Environment and Land CourtPetition
…He added that he consolidated petitions are of significant public interest, therefore, the principles of dismissal of suits under the Civil Procedure Rules should not apply. 8.…
…To her, there is overwhelming public interest in sustaining the Petition rather than dismissing them at this stage. 10. Both applications were canvassed by way of written submissions. 3rd Respondent’s Submissions 11.…
Division and case type: Environment and Land CourtPetition
…policy and interest as the suit properties are public land; that the petitioner has not made out a prima facie case as the titles to the suit properties reverted to the 6th respondent after its titles were revoked by the…
…That considering the administrative actions already taken against the titles to the suit properties, and the public interest in the initiated or intended projects, against the private interest of the petitioner in the suit…
Division and case type: Environment and Land CourtPetition
…Considerations of proportionality and the wider public interest militate against granting the Petitioners any of the reliefs sought.…
…According to him, the Petitioners’ allegations were fictional and intended to sabotage a benevolent public-interest development partnership benefiting the people of West Pokot County.…
Division and case type: Environment and Land CourtPetition
…The claims of the public interest will be a relevant factor, in the exercise of such discretion, as will also be the motivations and conduct of the parties, prior-to, during, and subsequent-to the actual process of litigation…
…An examination of evolving practices on this question shows that, as an example, matters in the domain of public interest litigation tend to be exempted from award of costs … … Although there is eminent good sense in the…
Division and case type: Environment and Land CourtPetition
…The respondent blames the appellant of acting against public interest by interfering with the re-routing or re-designing of the public access road, which was being carried out by it at the behest of the community, including…
…Their only point of departure is on the extent of loss, damage and prejudice suffered and whether in the circumstances of this case, where the respondent claims to have been acting in public interest, the petitioner is entitled…
Division and case type: Environment and Land CourtPetition
…interest.…
…Conservatory orders, consequently, should be granted on the inherent merit of a case, bearing in mind the public interest, the constitutional values, and the proportionate magnitudes, and priority levels attributable to the…
Division and case type: Environment and Land CourtPetition
…The deponent added that the Petition is a matter of public interest and has serious ramifications on the part of the residents of Kilifi County.…
…No. 118 of 2004 [2006] eKLR, counsel argued that the role of litigation in realizing environmental justice is enhanced by measures such as allowing every person access to justice through public interest litigation by assigning…
Division and case type: CriminalCriminal Case
…respect of criminal prosecutions is founded upon the Constitution and a challenge to this authority must be direct and can only be dealt with in the High Court. (8) The conduct of criminal prosecutions is always a matter of public…
…interest; therefore the Attorney General is under a duty to safeguard the public interest as he manages the prosecutorial process. (9) Once the Attorney General has terminated criminal proceedings, the private prosecutor…
Division and case type: Environment and Land CourtPetition
…intending applicant must satisfy the Court that the issue to be canvassed is one the determination of which affects the parties and transcends the circumstances of the particular case and has a significant bearing on the public…
…interest; (ii) The applicant must show that there is a state of uncertainty in the law; (iii) The matter to be certified must fall within the terms of Article 165 (3)(b) or (d) of the Constitution; (iv) The applicant has…
Division and case type: Milimani Commercial CourtsCriminal Case
…It is as much in the public interest that breaches of the law should be punished, as it is to ensure that in the process of doing so the people are not bashed about so that they lose respect for the law.…
…The Court is the final arbiter of how the public interest is to be preserved.…
Division and case type: Environment and Land CourtPetition
…It is the petitioner’s case that he is the executive director of Center for Litigation on Environment and Governance, CLEG, and filed this petition in the public interest, in a matter of allocation of public land, that is…
…Punitive costs for abusing public interest litigation platform as an instrument for conspiracy to injure.” 4.…
Division and case type: Environment and Land CourtPetition
…That the programme was a public interest undertaking for the benefit of all Kenyans and that parcel number Ishukha/Shirere/1912 was identified as one of the parcels that were likely to be affected by the project.…
…That the Petitioner’s constitutional rights were not infringed since what obtained was a situation of one individual’s rights against the public and public interest should prevail.…
Division and case type: Environment and Land CourtPetition
…This petition is not brought on public interest, but for the personal benefits of the petitioners. They should therefore pay the costs to the respondents.…
Division and case type: Environment and Land CourtPetition
…Many provisions of our Constitution are untested and bring forth novel issues yet it is not every day that we call upon the Chief Justice to empanel a bench of not less than three judges. c) Public interest may be considered…
…It is the nature of petitions filed to enforce, the provisions of the Constitution, to be matters of public interest generally. d) The court ought to take into account other provisions of the Constitution, the need to dispense…
Division and case type: Environment and LandCase
…favour against the interest of a party who has a constituency underpinned right of appeal, the need to protect a partly opportunity to fully agitate it’s dispute, against the need to ensure timely resolution of disputes, the public…
…interest issues implicated in the appeal or intended appeal and whether primafacie, the intended appeal has chances of success or is a mere frivolity.”…
Division and case type: Environment and Land CourtPetition
…Whether in certain cases, like election petitions, public interest should be a consideration for extending time." 11. Ms.…
Division and case type: Environment and Land CourtPetition
…(b) the facts relied upon; (c) the constitutional provision violated; (d) the nature of injury caused or likely to be caused to the petitioner or the person in whose name the petitioner has instituted the suit; or in a public…
…interest case to the public, class of persons or community; (e) details regarding any civil or criminal case, involving the petitioner or any of the petitioners, which is related to the matters in issue in the petition;…