Rwanyange Resident Self Help Group (suing thro’ Charles Kariuki, Nick Mutiga, Its Chairman and Secretary) v Tana Water Services Board & 2 others [2019] KEELC 2187 (KLR)
- Court
- Environment & Land Court
- Case number
- 2187
- Citation
- [2019] KEELC 2187 (KLR)
- Decided
- 31 July 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePetition for InjunctionCoramPresiding Judge
Holding
The application for injunction is dismissed as the Notice of Motion is bare and lacks indication of the law and procedure under which the application is brought.
Facts
Petitioners claim that respondents are planning to construct a sewerage project on top of a water catchment area, which they argue is illegal due to lack of environmental impact assessment and NEMA involvement.
Issues
- Lack of environmental impact assessment for sewerage project
- Infringement of fundamental freedoms and rights under Article 19, 20, 22, 23, 24, 42, 69, and 70 of the Constitution of Kenya 2010
- Violation of Article 22 and 23 of the Constitution of Kenya
Reasoning
The court finds the Notice of Motion insufficient and lacking in details, thus the application for injunction is dismissed.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Environmental Management and Co-ordination Act (EMCA)
- Constitution of Kenya 2010
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
Loading judgment…