Benson Ambuti Adega & 2 others v Kibos Sugar and Allied Industries Limited & 4 others; Kenya Union of Sugar Plantation and Allied Workers(Interested Party) [2019] KEELC 2242 (KLR)
- Court
- Environment & Land Court
- Case number
- 2242
- Citation
- [2019] KEELC 2242 (KLR)
- Decided
- 31 July 2019
The court finds that the issues can be raised and determined in one forum, which is this court. The Petitioners' options were either to come to this court or appeal to the Tribunal.
Facts
Petitioners filed a petition against Respondents alleging violations of their fundamental rights and freedoms under the Constitution, and alleged contraventions of the Environmental Management and Coordination Act, 1999 and Environmental Impact Assessment and Audit Regulations, 2003.
Issues
- Jurisdiction of the Tribunal
- Alternative Forums for Petition
Reasoning
The court dismissed the preliminary objections raised by the 3rd Respondent and the Interested Party, as the issues could be raised and determined in this court. The court found that the Petitioners' options were either to come to this court or appeal to the Tribunal.
Outcome
Dismissed
Orders
- The court finds that the issues can be raised and determined in one forum, which is this court.
Authorities cited
Legislation (2)
- Environmental Management and Coordination Act, 1999
- Environmental Impact Assessment and Audit Regulations, 2003
Cases cited (6)
- Samwel Kamau Macharia & Another vs Kenya Commercial Bank Ltd & 2 Ohters [2012] eKLR
- Motor vessel M. V. “Lillian S” vs Caltex Oil (Kenya) Ltd 1989 KLR 1653
- Michael Otieno Nyaguti & 5 Others vs Kenya National Highways Authority & 5 Others [2015] eKLR
- Gabriel Ochong Oriwo & Another vs Augstino Omwanda & Another [2015] eKLR
- Ken Kasinga vs Daniel Kiplangat Kirui & 5 Others [2015] eKLR
- Constitution of Kenya (Jurisdiction, Protection of Fundamental Rights and Freedoms of the Individual) High Court Practice Rules 2006
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