Rassam & 3 others v Murengi (Environment & Land Case 116 of 2016) [2024] KEELC 404 (KLR) (2 February 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 404
- Citation
- [2024] KEELC 404 (KLR)
- Decided
- 2 February 2024
Summary at a glance
TypeLand and Environmental DisputePostureAppeal from an original trial decisionCoramMAO Odeny
The Plaintiffs have locus standi and the Defendant has not complied with the Environmental Management and Coordination Act 1999.
Facts
The Plaintiffs are trustees of a Mosque and have a plot of land known as Plot 48 in Vipingo Squatter Settlement Scheme, Kilifi County. The Defendant constructed a wall on this land without necessary approval from the National Environment Management Authority.
Issues
- Plaintiffs' locus standi
- Defendant's compliance with Environmental Management and Coordination Act 1999
Reasoning
The court held that the Plaintiffs are trustees of the Mosque and have a valid claim to the land, and that the Defendant's construction was illegal due to lack of necessary environmental approval.
Outcome
The Plaintiffs' claims were upheld.
Orders
- Declaration of the wall's illegality
- Demolition of the unlawfully constructed structure
- Damages and interest
- Costs of the suit
Remedies
- Declaration
- Demolition
- Damages
- Costs
Authorities cited
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