Sanders v Shella Beach Management Unit & 3 others (Environment & Land Petition E005 of 2023) [2025] KEELC 3505 (KLR) (30 April 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3505
- Citation
- [2025] KEELC 3505 (KLR)
- Decided
- 30 April 2025
Summary at a glance
TypePetition for Violation of Constitutional RightsPostureAppeal from the original trialCoramEK MAKORI
Petition dismissed with costs
Facts
Petitioner Katherine Isobel Mary Sanders claims that the Shella Beach Management Unit (1st Respondent) is managing public land in contravention of Article 67(2) of the Constitution and violating her right to a clean and healthy environment. The Petition was amended to include a violation of the right to property.
Issues
- Violation of the right to property
- Violation of the right to a clean and healthy environment
- Misunderstanding of the law
Reasoning
The Petition lacks merit due to a misunderstanding of the law and the absence of evidence supporting the claims. The Petitioner's claim of blocked view and pollution is unsubstantiated.
Outcome
Dismissed
Orders
- Declaratory orders
- Injunction orders
- Judicial review order of mandamus
Authorities cited
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