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 http://www.kenyalaw.org - Page 1/11

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