Kiliavo Fresh Limited v National Environment Tribunal & 4 others (Civil Appeal E446 & E447 of 2024 (Consolidated)) [2025] KECA 623 (KLR) (4 April 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 623
- Citation
- [2025] KECA 623 (KLR)
- Decided
- 4 April 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 CourtCoramW. KARANJA, JAMILA MOHAMMED, A.O. MUCHELULE
Holding
The appeal is dismissed with costs to the respondents
Facts
Kiliavo Fresh Limited was granted an EIA licence to develop an integrated mixed-use farm on 180 acres of land. The National Environment Tribunal dismissed the appellant's appeal, and the appellant filed a chamber summons seeking leave to apply for orders of certiorari and prohibition.
Issues
- Whether the dismissal of the appeal by the National Environment Tribunal was procedurally correct
- Whether the appellant's appeal should be heard through a Judicial Review application instead of a certiorari application
Reasoning
The court found that the appellant did not follow the statutory appeal procedure and that the Judicial Review proceedings were not the appropriate remedy for the appellant's complaint.
Outcome
Appeal dismissed
Authorities cited
Legislation (1)
- Judicial Review Act
Cases cited (1)
- R. v National Environmental Management Authority, C.A. No. 84 of 2010; [2011]eKLR
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