Water Resources Management Authority v Krystalline Salt Limited [2018] KEELC 3654 (KLR)
- Court
- Environment & Land Court
- Case number
- 3654
- Citation
- [2018] KEELC 3654 (KLR)
Summary at a glance
TypeCivilPostureAppeal from a judgment of the Environment and Land CourtCoramK. BOR
The court finds that the Plaintiff was legally mandated to charge the Defendant for the use of seawater it abstracted for the salt extraction with effect from 1/10/2007. The Defendant was also obligated to pay compound interest and a fixed permit fee.
Facts
The Water Resources Management Authority (Plaintiff) seeks to recover water use charges and a fixed permit fee from Krystalline Salt Limited (Defendant) for the use of seawater for commercial salt production from 2007 to 2017.
Issues
- Plaintiff's authority to charge water use charges for seawater
- Repeal and amendment of the Water Act 2002
Reasoning
The court held that the Plaintiff had the statutory mandate to charge the Defendant for seawater use from 2007 onwards, and the Water Act of 2016 did not remove this obligation.
Outcome
Judgment for the Plaintiff in the sum of Kshs. 2,079,590,000/= and costs.
Orders
- Plaintiff to recover Kshs. 2,079,590,000/= from the Defendant for water use charges and a fixed permit fee
Authorities cited
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