Wa Maina (Suing on His Own Behalf and as the Chairman of Lavington Five Roads Association c/o Githara & Associates Advocates) v National Environment Management Authority & another (Environment and Land Appeal E007 of 2023) [2025] KEELC 4756 (KLR) (19 June 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 4756
- Citation
- [2025] KEELC 4756 (KLR)
- Decided
- 19 June 2025
Summary at a glance
TypeAppealPostureAppeal from the decision of the National Environment TribunalCoramAA OMOLLO, Another, Sachs
The project is classified as medium risk, and the 2nd Respondent was only required to comply with Regulation 7, which requires a project report.
Facts
The National Environment Management Authority (1st Respondent) issued an Environmental Impact Assessment (EIA) License to Woodridge Centre Limited (2nd Respondent) for a petrol station project. The Chairman of Lavington Five Roads Association challenged the decision.
Issues
- Whether the project was classified as high or medium risk.
- Whether public participation was undertaken as required.
- Whether the EIA license was lawfully and regularly issued.
Reasoning
The amendment to the second schedule of the Environment Management and Coordination Act declassified service stations from high risk to medium risk. The 2nd Respondent was thus only required to comply with Regulation 7, not Regulation 17.
Outcome
The appeal is dismissed, and the EIA license is upheld.
Orders
- Revocation of the EIA License No. NEMA/EIA/PSL/21303.
- Restoration of the subject property, L.R No. 3734/790 to the condition before the issuance of the EIA License.
Authorities cited
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