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…participation and/or views gathering on the intended opening of the road constituted a violation of the national values and principles of governance and one such principle and value which binds all is the public participation…

…participation enshrined under Article 10 of the Constitution of Kenya, 2010; that attempting to curve out a road through their school without public participation, transparency and accountability, the respondents violated…

…Counsel further submitted that no public participation or Environmental Impact Assessment (EIA) preceded the signing of the MoU.…

…To counsel, that process satisfied the qualitative and quantitative test of public participation established in the Mui Coal Basin Case [supra].…

…In response to the alleged lack of public participation, the 5th Respondent averred that it only organises and spearheads formal platforms for public participation in consultation with a project proponent once an application…

…public participation forums envisaged under the law and regulations.…

…It is further the Petitioner’s case that the Respondents did not conduct proper public participation before alienating the land.…

…The Petitioner complains that the said process of alienation has been shrouded in secrecy and that the Respondents are conducting the exercise in an opaque manner and without the participation of the public.…

…A public participation exercise had to however show intentional inclusivity and diversity.…

…A public participation exercise must however show intentional inclusivity and diversity.…

…It was further pleaded that the construction was being undertaken on the said land before any public participation could be conducted and before the requisite regulatory approvals were granted by the 1st interested party.…

…However, the same will be subject to public participation as per the requirements of the law. Yours faithfully Dr. Noah Akal For Governor Mombasa County 17.…

…The Respondent stated that the Notice dated 4th November 2022 and the Court Order of 24th November 2022 did not give an option to the Respondent to undertake public participation before implementation of the Orders.…

…From the present Petition, the first Constitutional issue raised by the Petitioners is based on Article 10(2)(a) which provides for public participation.…

…On the right to public participation.…

…In other words, no single regime or programme of public participation can be prescribed and the Courts will not use any litmus test to determine if public participation has been achieved or not.…

…participation was carried out on 28th May, 2024; (ii)   A fresh licence was issued by NEMA on the 11th December, 2024; (iii)   A fresh development permit was issued by the County Government of Mombasa on the 21st June, 2024…

…participation had been conducted on 28th May 2024 while other processes ordered by the Court were on course. 19.   …

…provisions on public participation.…

…provisions on public participation. vi.…

…The allegations made the 1st respondent and the 4th respondent to call for a consultative public participation meeting which was held on 15 November 2019.…

…He has repeated the violations contained in the main petition; that there was no public participation; and that the right procedure was never followed.…

…She further stated that a public participation notice was given but had nothing to prove that fact. 24.…

…RW2 stated that she had a list of the members of the community who attended a public participation meeting after construction of the access road and not before. 25.…

…A declaration be issued to the effect that the notice issued by the 1st Respondent on 21st January, 2022 and published on 23rd February, 2022 is unconstitutional null and void for lack of public participation. 3.   …

…A declaration be issued to the effect that the notice issued by the 1st Respondent on 21st January, 2022 and published on 23rd February, 2022 is unconstitutional null and void of lack of public participation. 6.   …

…participation involving the people of Tana River; that in contrast, prior to the decision reached on the renewal of the 3rd respondent’s lease, several public participation sensitization meetings took place where the 2nd…

…Announcements were made on public participation through the local radio station and with a wide network within Tana River vide Amani FM 88.1 on 24th and 25th July 2019 as per exhibit BMW 5; c.…

…participation were reached.…

…enshrined in Articles 19, 28,21 35 and 40 of the Constitution have been violated. 3 The Petitioners pray for the following orders; - A declaration that the respondent has no power to expropriate the petitioners without public…

…participation and fair administrative action guaranteed under Articles 10 and 47 of the Constitution.…

…The absence of public participation denied the Mandera residents an opportunity to raise this complaint. 7.…

…participation and fair administrative action guaranteed under Articles 10 and 47 of the Constitution.…

…The absence of public participation denied the Mandera residents an opportunity to raise this complaint. 7.…

…Section 115 on Public Participation in county planning.…

…, Section 115 Public Participation in county planning.…

…The petitioner contends that the 1st respondent without conducting any public participation allocated the suit land to the 4th respondent.…