Krystalline Salt Ltd v Water Resources Management Authority (Civil Appeal 252 of 2018) [2024] KECA 191 (KLR) (23 February 2024) (Judgment)
- Court
- Court of Appeal
- Case number
- 191
- Citation
- [2024] KECA 191 (KLR)
- Decided
- 23 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from the Environment and Land Court of KenyaCoramGW NGENYE-MACHARIA, K. Bor, Law, Madan
Holding
The territorial sea water used for salt production is res publicae and subject to control by the country's laws. The water is not res nullius.
Facts
Krystalline Salt Ltd used territorial sea water for salt production, and the Water Resources Management Authority (WRMA) imposed charges. The appellant argued the water was res nullius, while the respondent argued it was a regulated resource.
Issues
- Whether territorial sea water used for salt production was res publicae and subject to control by the country's laws.
- Whether territorial sea water used for salt production was a water resource and subject to regulation under the Water Act.
- Whether assessment of water use arrears using information from a company's website resulted in a faulty assessment.
Reasoning
The court distinguished the facts in Kenya Ports Authority v East African Power & Lighting Company Ltd and applied the 1958 Geneva Convention on the Territorial Sea and the Contiguous Zone.
Outcome
The appellant was ordered to pay Kshs 135,000 for fixed permit fees and arrears up to Kshs 185,500,000 plus simple interest.
Orders
- The appellant was obligated to pay Kshs 135,000 for fixed permit fees.
- The appellant was obligated to pay arrears up to Kshs 185,500,000 plus simple interest on the arrears at the rate of 2% per month from October 1, 2013 until the amount was paid in full.
Remedies
- One half of the costs of the appeal was awarded to the respondent.
Authorities cited
Legislation (4)
- Water Act, 2002
- Water Act, 2016
- Maritime Zones Act
- Water Resources Management Rules, 2007
Cases cited (4)
- Kenya Ports Authority v East African Power & Lighting Company Ltd Civil Appeal 41 of 1981
- Rylands v Fletcher
- Convention on the Law of the Sea, 1958
- Convention on the Territorial Sea and Contiguous Zone, 1958
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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