The Petitioners were suing on behalf of themselves and fellow residents of Owino-Uhuru Village within Changamwe Division, Mikindani area of Mombasa County. They pleaded that they have been living in the village situate on plot no. 148/V/MN in Mikindani that sits on about 13.5 acres of land. That the village which is a densely populated area was set up in the 1930s and 40s with many of the villagers having lived thereon for several decades.
The Kenya Highway Authority wanted to build a road which would lead to the demolition of informal settlements. The Petitioner’s sought a declaration that the Respondents (Kenya Highway Authority) must adhere to the principle of participation and inclusivity before the road project can be implemented and an order of injunction stopping the project until the Respondents adhere to the law and the Constitution.
The key issues in this consolidated cause revolved around the validity of a legal notice published by the Cabinet Secretary for Environment and Natural Resources.
The appellant, Cortec – a Canadian mining company – had applied to the Court of Appeal to have a decision by the High Court of Kenya overturned. The respondents argued that there were several sectors and factors which were not granted proper representation and consideration in the decision to grant Cortec with a mining license for prospecting and exploration.