Base Titanium Limited v Kiswili (On Behalf of 65 others) & 3 others (Civil Appeal E142 of 2022) [2025] KECA 1330 (KLR) (18 July 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 1330
- Citation
- [2025] KECA 1330 (KLR)
- Decided
- 18 July 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a ruling and order of the Environment and Land CourtCoramA. K. Murgor, Dr. K. I. Laubuta, G. W. Ngenye-Macharia
Holding
The appeal is unmerited and dismissed with costs to the 1st respondent.
Facts
The 1st respondent, Michael Kiswili, filed a petition in the Environment and Land Court seeking declarations and orders related to environmental issues and mining activities in Mivumoni 'B' village.
Issues
- Declaration of infringement of right to a clean and healthy environment
- Revocation of Environmental Impact Assessment Licence and mining licence issued to the appellant
Reasoning
The court found that the appeal is unmerited as the petition raised constitutional issues, and the Environment and Land Court's jurisdiction was divested. The court emphasized that the right to a clean and healthy environment can only be enforced by the court.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Environment and Land Court Act
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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