Micheal Otieno Nyaguti v Jack Ranguma & 4 others [2017] KEELC 2675 (KLR)
- Court
- Environment & Land Court
- Case number
- 2675
- Citation
- [2017] KEELC 2675 (KLR)
- Decided
- 22 June 2017
The court ordered the 4th Defendant to unconditionally release all information regarding the environmental impact assessments to the plaintiff and issued a temporary injunction against the defendants to stop the encroachment and constructions.
Facts
The plaintiff, Michael Otieno Nyaguti, filed a suit against five defendants (Jack Ranguma, Evans Kidero, Alice Kaudia, Director NEMA, and Permanent Secretary Ministry of Water and Natural Resources) seeking eight reliefs. The defendants were accused of encroaching on and around wetlands, which endangered biodiversity and exposed the plaintiff and other community members to waterborne health hazards.
Issues
- The plaintiff's inability to obtain information from the 4th Defendant regarding environmental impact assessments.
- The ongoing encroachment and constructions by the 1st to 3rd Defendants endangering the riparian wetlands' ecosystem.
- The denial, violation, or infringement of the plaintiff's and other riparian communities' rights and fundamental freedoms.
Reasoning
The court found that the defendants' actions were encroaching on and endangering the wetlands, which violated the plaintiff's rights and fundamental freedoms.
Outcome
Appeal dismissed
Orders
- The 4th Defendant to unconditionally release all information regarding the environmental impact assessments to the plaintiff.
- A temporary injunction to be issued against the defendants to stop the encroachment and constructions.
Remedies
- Temporary injunction to prevent further encroachment and constructions.
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