Sikalieh (Suing as the Chairman of the KLDA) v Director General, National Environment Management Authority (NEMA) & 2 others (Environment and Land Appeal E078 of 2022) [2022] KEELC 13803 (KLR) (21 October 2022) (Judgment)

Summary at a glance

Facts

The appellant, Samora Sikalieh, is the Chairman of the KLDA. The 1st respondent, NEMA, approved an Environmental Impact Assessment (EIA) license for a commercial and petrol station development on land in Karen, Kenya. The appellant claims the decision was made without proper notice and that he could not appeal within the 60-day period due to lack of awareness.

Issues

• Whether the National Environment Tribunal erred in law and in fact by holding that the appellant's notice of appeal was filed in contravention of section 129(1) of the Environmental Management and Coordination Act.
• Whether the tribunal erred in dismissing an appeal that had been filed and without
• Whether the tribunal erred in escalating proceedings commenced by the notice of motion dated June 2, 2022 as a substantive appeal.
• Whether the tribunal erred in determining a matter not pleaded in the application dated June 24, 2022.

Reasoning

The tribunal held that the appellant's notice of appeal was filed 354 days after the impugned license, which was 294 days out of time. The tribunal also found that the appellant could not have appealed within the stipulated time due to lack of awareness.

Outcome

Appeal dismissed

Orders

• The ruling of the National Environment Tribunal dated August 11, 2022 is upheld.

Authorities cited