Riunga v Director General, National Environment Management Authority & another (Appeal E057 of 2022) [2022] KEELC 15564 (KLR) (20 December 2022) (Judgment)

Summary at a glance

Facts

The Appellant, Susan Wanjiku Riunga, appealed against the decision of the National Environment Tribunal which upheld the Preliminary Objections of the 1st and 2nd Respondents and dismissed the Appellant's appeal with costs.

Issues

• Tribunal erred in not determining the issue before it under the application dated 2nd June 2022.
• Tribunal erred in determining a matter not pleaded in the application.
• Tribunal erred in allowing Preliminary Objections which were not founded.
• Tribunal erred in dismissing an appeal that had not been filed and without interrogating the issue of leave to appeal out of time.
• Tribunal erred in not considering the Appellant's written submissions.
• Tribunal erred in escalating the proceedings commenced by the Notice of Motion dated 2nd June 2022 as a substantive Appeal.
• Tribunal erred in dismissing the Appeal without rendering a decision on the substance thereof.

Reasoning

The Appellant appealed against the Tribunal's decision on various grounds, including procedural errors and failure to consider the Appellant's submissions.

Outcome

Appeal allowed

Orders

• Tribunal is directed to consider the Application dated 2nd June 2022.
• Each party to bear own costs of the Appeal.