Nothern Block Residents Limited & another v National Environment Management Authority & 2 others (Environment and Planning Judicial Review E001 of 2023) [2024] KEELC 7196 (KLR) (17 October 2024) (Judgment)

Summary at a glance

Facts

The applicants seek to quash environmental impact assessment licenses and approvals issued by the National Environment Management Authority to Makanjawa Company Limited for a change of user and development on a residential plot in Nairobi.

Issues

• Non-compliance with public participation requirements in environmental impact assessments and development approvals
• Irregularity in the issuance of the environmental impact assessment license and change of use approval

Reasoning

The court upholds the applicants' arguments that the development approvals and environmental impact assessment license were issued without adequate public participation, in violation of constitutional and statutory requirements.

Outcome

The court quashes the environmental impact assessment license and the development approvals.

Orders

• An order of certiorari to remove into the court and quash the Environmental Impact License No. NEMA/EIA/PSL/24714
• An order of certiorari to remove into the court and quash the Environmental Impact Assessment Report
• An order of certiorari to remove into the court and quash the Notication of approval
• A declaration that the third respondent’s Environmental Impact Assessment License violates constitutional and statutory provisions

Remedies

• Quashing of the environmental impact assessment license and development approvals

Authorities cited