Endere v Karen Roses Ltd (2006) 1 eKLR (E&L) [2006] KEHC 13 (KLR)
- Court
- High Court of Kenya
- Case number
- 13
- Citation
- [2006] KEHC 13 (KLR)
- Decided
- 31 March 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInjunctionPostureAppeal from original trialCoramM Kimaru J
Holding
Injunction granted and application allowed
Facts
The plaintiff sought an injunction to restrain the defendant from directing storm and waste water into the plaintiff’s dam or into the neighbouring dam situated at Simotwet Primary School. The defendant had desilted the dam at the primary school.
Issues
- Effect of failure to conduct environmental impact assessment before rehabilitating dam
- Plaintiff's right to live in a clean environment
Reasoning
The defendant breached the law by channelling storm water into the Simotwet Primary School without first complying with the provisions of the Environmental Management and Co-ordination Act. The plaintiff was within her rights to seek enforcement of the provisions of the said Act.
Outcome
Injunction granted
Orders
- The defendant is restrained from trespassing onto, excavating, constructing, alienating or channeling storm water or waster matter or any other substance into the dam in the plaintiff’s parcel of land (parcel No 599) or in the dam in the grounds of Simotwet Primary School next to the plaintiff’s dam pending the hearing and determination of the suit filed herein
Remedies
- Costs of the application awarded to the plaintiff
Authorities cited
Legislation (3)
- Civil Procedure Rules (Cap 21 Sub Leg) order XXXIX rules 1 (a); 2; 2A; 9
- Civil Procedure Act (Cap 21) section 3A
- Environmental Management and Co-ordination Act (No 8 of 1999) sections 3, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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