Mulungusi Muthembwa Mutunga v Managing Director, Kenya Wildlife Service & 2 others [2017] eKLR

REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
PETITION NO. 15 OF 2010
IN THE MATTER OF:
IN THE MATTER OF:

THE CONSTITUTION OF KENYA, ARTICLE 22 AND 23
ARTICLES 42, 69 AND 70 OF THE CONSTITUTION OF KENYA
AND

IN THE MATTER OF:
ALLEGED CONTRAVENTION OF FUNDAMENTAL RIGHTS AND
FREEDOM ENSHRINED IN THE CONSTITUTION AND BILL OF RIGHTS ARTICLES 42, 69(1) (a) (e )
(h) (2) AND 70 OF THE CONSTITUTION
IN THE MATTER OF:
AN AGREEMENT BETWEEN KENYA WILDLIFE SERVICE AND
NOVOZYMES A/S ENTERED INTO IN MAY 2007 ENTITLING NOVOZYMES A/S TO ACCESS AND
EXPLOIT FOR COMMERCIAL PURPOSES GENETIC RESOURCES, ENZYMES AND MICRO
ORGANISMS WITHIN NATIONAL PARKS, NATIONAL RESERVES AND OTHER PROTECTED
AREAS WITHIN KENYA
BETWEEN
MULUNGUSI MUTHEMBWA MUTUNGA………………………………PETITIONER
VERSUS
1. THE MANAGING DIRECTOR,
KENYA WILDLIFE SERVICE……………………………………..1ST RESPONDENT
2. THE MANAGING DIRECTOR,
NOVOZYMES A/S…………………………………………….…..2ND RESPONDENT
3. THE DIRECTOR GENERAL
NATIONAL ENVIRONMENTAL
MANAGEMENT AUTHORITY………………………………...……3RD RESPONDENT
RULING

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