Syokimau Residents Association Limited v County Government of Machakos & another [2019] KECA 1018 (KLR)

Facts

The appellant, Syokimau Residents Association Limited, filed a constitutional petition against the County Government of Machakos and the National Environment Management Authority, alleging that the respondents have been issuing building approvals, change of user, and Environmental Impact Assessment (EIA) licenses within Syokimau Estate without providing public participation, leading to environmental degradation and unplanned development.

Issues

1. violation of constitutional rights to a clean and healthy environment
2. violation of right to public participation
3. violation of right to fair administrative action
4. violation of right to clean and healthy environment
5. violation of right to public participation

Reasoning

The court found that the appellant's allegations were not supported by prima facie evidence and that the irreparable harm claimed was not established. The court also noted that a preliminary injunction would have the effect of paralyzing the organization, which would be disproportionate to the alleged wrongs.

Outcome

Appeal dismissed

Authorities cited