Republic v National Environmental Tribunal; Ex parte Kiliavo Fresh Limited; Big Life Foundation & 3 others (Interested Parties) [2021] KEELC 1993 (KLR)
- Court
- Environment & Land Court
- Case number
- 1993
- Citation
- [2021] KEELC 1993 (KLR)
Summary at a glance
The Court granted the Applicant leave to apply for judicial review proceedings of Certiorari and Prohibition against the decision by the Respondent dated April 26, 2021, and the leave granted will operate as a stay of the impugned decision.
Facts
The National Environmental Tribunal (NET) dismissed an appeal by Kiliavo Fresh Limited (Applicant) on April 26, 2021, without granting a fair trial. The Applicant claims NET acted ultra vires and did not grant them a right to a fair hearing.
Issues
- Whether the Applicant is entitled to leave to institute judicial review proceedings of Certiorari and Prohibition against the decision by the Respondent dated April 26, 2021.
- Whether the leave granted should operate as a stay of the impugned decision.
Reasoning
The Court found that the Applicant was not granted a right to a fair trial and that NET acted ultra vires. The Court also noted that the Applicant had not exhausted available remedies.
Outcome
Granted leave to apply for judicial review proceedings of Certiorari and Prohibition.
Orders
- Grant leave to apply for judicial review proceedings of Certiorari and Prohibition.
- Leave granted will operate as a stay of the impugned decision.
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