One Hundred and Two Peponi Road LLP & another v National Environment Management Authority & 2 others [2021] KEELC 3673 (KLR)
- Court
- Environment & Land Court
- Case number
- 3673
- Citation
- [2021] KEELC 3673 (KLR)
- Decided
- 15 April 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte application for leave to institute judicial review proceedingsCoramLady Justice Nyamweya
Holding
The court finds that the ex parte applicants ought to have invoked the jurisdiction of the National Environment Tribunal before moving this court.
Facts
The applicants sought leave to institute judicial review proceedings against the respondents regarding the issuance of an Environmental Impact Assessment Licence by the 1st respondent to the 3rd respondent.
Issues
- Ex parte applicants' case on the 1st respondent's issuance of the Environmental Impact Assessment Licence to the 3rd respondent
- Ex parte applicants' awareness of the 3rd respondent's plans to undertake the construction way back in 2018
- Ex parte applicants' claim that the respondents failed to exhaust alternative mechanisms before issuing the licence
Reasoning
The court relies on the Fair Administrative Action Act and the Environmental Management and Co-ordination Act to determine that the ex parte applicants should have appealed to the National Environment Tribunal.
Outcome
The court dismisses the ex parte application for leave to institute judicial review proceedings.
Authorities cited
Legislation (3)
- Fair Administrative Action Act
- Environmental Management and Co-ordination Act
- Constitution of Kenya, 2010
Cases cited (7)
- Patrick Musumba vs National Commission & 4 others Nairobi [2016] eKLR
- Speaker of the National Assembly vs Hon. James Njenga Karume [2008] 1KLR 425
- Kibos Distillers Ltd & 4 others vs Benson Ambuti Adega & 3 others [2020] eKLR
- Mumo Matemu vs Trusted Society of Human Rights Alliance & 5 Others [2014] eKLR
- Henry Wanyama Khaemba vs Standard Chartered Bank Ltd & Another [2014] eKLR
- George Kamau Kimani & 4 others vs County Government of Trans Nzoia & Another [2014] eKLR
- Beljing Industrial Designing & Research Institute vs Lagoon Development Ltd [2015] eKRL
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.
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