Nzomo (Suing on Behalf of Kunde Road Residents Welfare Association) v Ontime Real Estate Limited & 2 others (Environment & Land Petition E004 of 2023) [2024] KEELC 6011 (KLR) (19 August 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6011
- Citation
- [2024] KEELC 6011 (KLR)
- Decided
- 19 August 2024
Summary at a glance
TypePetitionPostureOriginal trialCoramAA OMOLLO, IC, Mrima, Ngcobo
This Court found that it has jurisdiction to handle the petition and that due process was not followed in issuing the change of user approval and EIA license.
Facts
The Petitioner challenges the legality of the change of user and development approval for land parcel L.R No. 330/478 located along Kunde Road, adjacent to the Petitioner's properties.
Issues
- Process for issuance of change of user and development approvals is illegal
- Issuance of environmental impact assessment license is illegal
- Infringement of Petitioner's constitutional rights
- Costs of the petition
Reasoning
The Court ruled on the jurisdiction issue and then addressed the substantive issues, emphasizing the importance of public participation in the process of issuing development approvals.
Outcome
Jurisdiction found, process for issuance of approvals found to be flawed.
Authorities cited
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