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REPUBLIC v MINISTER FOR ENVIRONMENTAL AND NATURAL RESOURCES & another [2008] KEHC 837 (KLR)

[2008] KEHC 837 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
837
Citation
[2008] KEHC 837 (KLR)
Decided
26 September 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplicant seeks to stop a management plan by the Minister of Environment and Natural ResourcesCoramM.A. ANGA’WA
Holding

The Preliminary Objection is dismissed with costs to the respondent/applicant

Facts

The Minister issued a legal notice to drastically affect the applicant's rights to Lake Naivasha. The applicants applied for Judicial Review.

Issues

  1. Defect in the format of the Judicial Review
  2. Locus Standi of the applicants
  3. Service of the proceedings

Reasoning

The court dismissed the preliminary objection as there were no defects in the format of the Judicial Review and the applicants had locus standi. The service of the proceedings was not a hindrance.

Outcome

The application for Judicial Review is granted

Orders

  • Leave granted to the applicant to stop any management plan by the Minister

Authorities cited

Legislation (1)
  • Environmental Management and Coordination Act
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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