Khalid Hussein Rehman v Ahmed Mohamed Suleiman Luhar [2017] KEELC 1432 (KLR)
- Court
- Environment & Land Court
- Case number
- 1432
- Citation
- [2017] KEELC 1432 (KLR)
- Decided
- 29 September 2017
The Court is satisfied that the Plaintiff/Applicant has established a prima facie case since not all the requisite approvals were obtained. Consequently, the orders of injunction will subsist for the duration the NEMA licence is not obtained and to automatically lapse upon the applicant being supplied with a copy of the same.
Facts
The Plaintiff/Applicant sought for the determination of the application for determination under Order 40 of the Civil Procedure Rules and section 3A of the Act. The Plaintiff/Applicant alleged that the Defendant/Respondent did not obtain the requisite approvals from the bodies charged with giving such permission.
Issues
- Whether the requisite approvals were obtained by the defendant.
- Whether the E.I.A licence issued to the defendant by NEMA was obtained.
Reasoning
The defendant did not annex the E.I.A licence issued to it by NEMA as required under the Environmental Management & Coordination Act. The regulations make the exercise a mandatory perquisite process before any development is undertaken.
Outcome
The orders of injunction will subsist for the duration the NEMA licence is not obtained and to automatically lapse upon the applicant being supplied with a copy of the same.
Orders
- The orders of injunction will subsist for the duration the NEMA licence is not obtained and to automatically lapse upon the applicant being supplied with a copy of the same.
Remedies
- Costs to be borne by each party
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Environmental Management & Coordination Act
Loading judgment…