J.S Muiru & 2 others v Tigoni Treasurers Limited & 2 others [2014] KEELC 665 (KLR)
- Court
- Environment & Land Court
- Case number
- 665
- Citation
- [2014] KEELC 665 (KLR)
- Decided
- 14 November 2014
The Environmental Impact Assessment (EIA) study report on the proposed Tigoni Treasures Development is set aside and a fresh EIA study report is ordered to be conducted involving the plaintiffs as interested parties.
Facts
The plaintiffs, as the chairman, secretary, and treasurer of Tigoni Residents Association, filed a motion seeking an injunction to restrain the defendants from constructing and developing multi-dwelling houses and maisonettes on land parcel R.NO.7660/72 Ithanji Road, Tigoni. The plaintiffs claim the development is contrary to the grant of tenure, development legal regime, and development regulations.
Issues
- Whether the proposed development is contrary to the grant of tenure.
- Whether the proposed development is contrary to the development legal regime.
- Whether the proposed development is contrary to the development regulations of Tigoni Residents Association.
- Whether the proposed development will have adverse environmental and societal effects.
- Whether the proposed development lacks an Environmental Impact Assessment (EIA) study report.
Reasoning
The court found that the proposed development is contrary to the development legal regime and development regulations, and that an EIA study report is necessary.
Outcome
The application for injunction is dismissed, and a fresh EIA study report is ordered.
Orders
- Environmental Impact Assessment (EIA) study report on the proposed Tigoni Treasures Development is set aside.
- A fresh EIA study report is ordered to be conducted involving the plaintiffs as interested parties.
Remedies
- Costs of the application shall be in the cause.
Authorities cited
Legislation (4)
- Civil Procedure Rules
- Physical Planning Act Cap 286
- Environment Management and Co-ordination Act 2003
- Tigoni Residents Association Development Regulations
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