Okina v Mele & 2 others (Environment & Land Petition E001 of 2024) [2024] KEELC 6157 (KLR) (Environment and Land) (26 September 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6157
- Citation
- [2024] KEELC 6157 (KLR)
- Decided
- 26 September 2024
A declaration that the Respondents' spray painting activities are a violation of the Petitioner's right to a clean and healthy environment, a permanent injunction against the Respondents, and general damages of Kshs 150,000 awarded to the Petitioner.
Facts
Maurice Otieno Okina, the Petitioner, claimed that Munga Kombo Mele and Patrick Meso, the Respondents, were spray painting motor vehicles near his residential home, causing him health issues and hindering his studies.
Issues
- Whether the Petitioner has discharged the burden of proof that his right to a clean and healthy environment has been violated.
- What the appropriate reliefs that ought to be granted.
Reasoning
The court found that the Petitioner adduced evidence confirming the Respondents' impugned activities and the adverse effects on his health. The court also noted the Respondents' failure to contest the existence of their activities and the violation of the Petitioner's right to a clean and healthy environment.
Outcome
In favor of the Petitioner
Orders
- A declaration of violation of the Petitioner's right to a clean and healthy environment.
- A permanent injunction against the Respondents.
- General damages of Kshs 150,000 awarded to the Petitioner.
Remedies
- Declaration of violation.
- Permanent injunction.
- General damages.
Authorities cited
Legislation (3)
- Article 42 of the Constitution
- Article 69 of the Constitution
- Article 70 of the Constitution
Cases cited (1)
- Leonard Otieno v Airtel Kenya Ltd (2018) eKLR
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