Dominic G. Ng’ang’a & another v Director General National Environment Management Authority & 4 others [2020] KEELC 3252 (KLR)
- Court
- Environment & Land Court
- Case number
- 3252
- Citation
- [2020] KEELC 3252 (KLR)
- Decided
- 12 March 2020
The Court ordered a permanent injunction to restrain the 2nd Defendant from further construction of the BTS on the property known as Kikuyu/Kikuyu block 1/269, and an order for payment of general damages to the Plaintiffs for violating their rights to a safe, clean, and healthy environment.
Facts
The Plaintiffs are residents of the KIDFARMACO Estate who have filed a suit against the Defendants, including the Director General of the National Environment Management Authority, for constructing a Base Transceiver Station (BTS) on their property without their consent.
Issues
- Right to a clean and safe environment
- Right to equal protection by law
- Right to safe health
Reasoning
The Court found that the Defendants' actions have violated the Plaintiffs' rights to a clean and safe environment, and ordered the injunction to prevent further construction.
Outcome
Judgment in favor of the Plaintiffs
Orders
- Permanent Injunction
- Order for Payment of General Damages
Remedies
- Injunction
- Damages
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