Okiya Omtatah Okoiti v National Environment Management Authority & 9 others [2021] KEELC 2647 (KLR)
- Court
- Environment & Land Court
- Case number
- 2647
- Citation
- [2021] KEELC 2647 (KLR)
- Decided
- 5 July 2021
Summary at a glance
TypeAppealPostureAppeal from the judgment of the National Environment TribunalCoramB M Ebose
The appeal is dismissed as the record of appeal is proper and the Tribunal had the jurisdiction to hear and determine the appeal.
Facts
The dispute is about the Environmental Impact Assessment Licence for Phase 2A of the Standard Gauge Railway (SGR) Project, extending from Nairobi South Railway Station through the affected area.
Issues
- Irregular composition of the Tribunal
- Qualifications of Tribunal members
- Jurisdiction of the Tribunal under Section 129 of the Environmental Management and Co-ordination Act
Reasoning
The court re-appraised the evidence and found that the Tribunal's findings were not based on no evidence or misapprehension of the evidence. The court also ruled that the court has no jurisdiction to entertain a dispute relating to the qualifications of persons appointed as members of the Tribunal under Section 125 of the EMCA on the platform of an appeal under Section 130 of the EMCA.
Outcome
Appeal dismissed
Orders
- Parties to the present appeal shall similarly bear their respective costs of the appeal
Authorities cited
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