Prisca Aluoch Odongo v National Irrigation Authority & 3 others [2021] KEELC 4687 (KLR)
- Court
- Environment & Land Court
- Case number
- 4687
- Citation
- [2021] KEELC 4687 (KLR)
- Decided
- 20 January 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Environmental Damage and Violation of Constitutional RightsPosturePetitioner's Motion for Fast Tracking and Urgent OrdersCoramG.M.A. Ongondo
Holding
The court finds no violation of the Constitution at this stage and denies some of the petitioner's motions.
Facts
Petitioner Prisca Aluoch Odongo claims that the National Irrigation Authority's large-scale rice growing project in Sagama Village rendered her and 65 other households homeless, violating her constitutional rights to a clean and healthy environment.
Issues
- violation of constitutional rights
- compensation and resettlement
- environmental damage
Reasoning
The court finds that the petitioner has not demonstrated unlawful or unreasonable conduct by the respondent, and that conservatory orders would pose a higher risk of injustice.
Outcome
The motion is partially granted, with some orders allowed and others disallowed.
Orders
- Orders 2 and 7 are allowed
- Orders 3, 5, 6, 8, 9, and 10 are disallowed
Remedies
- Interim compensation of Kshs. 1,100,000 for urgent relocation and resettlement
- Injunction against the respondent from continuing rice farming activities without a Resettlement Action Plan
- Compulsory resurvey and marking of land parcel boundaries by a registered surveyor
- Compulsory compliance with environmental laws by the respondent
- Compulsory compensation for the applicant and her household by the National Land Commission
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- National Irrigation Authority Act
Cases cited (2)
- Macharia Mwangi Kagiri and 87 others =vs= Davidson Mwangi Kagiri (2014) eKLR
- Films Role International Ltd =vs= Cannon Films Sales (1986) ALL ER 722
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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