Republic v National Environment Management Authority Ex Parte Nairobi City Waters and Sewerage Company & another [2020] KEHC 5923 (KLR)
- Court
- High Court of Kenya
- Case number
- 5923
- Citation
- [2020] KEHC 5923 (KLR)
- Decided
- 13 May 2020
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Leave to Apply for Judicial Review Orders of Certiorari and ProhibitionCoramWaki
Holding
The ex parte Applicants are entitled to the leave sought to commence judicial review proceedings against the Respondent.
Facts
The ex parte Applicants are aggrieved by the Respondent's decision to arrest the 2nd ex parte Applicant on charges of discharging pollutants into the aquatic environment and failing to exercise due diligence.
Issues
- Whether the ex parte Applicants have demonstrated that the matter is urgent.
- Whether the leave to commence judicial review proceedings is justified.
- Whether the leave to commence judicial review proceedings can operate as a stay of the impugned report.
Reasoning
The ex parte Applicants have provided evidence of the charge against the 2nd ex parte Applicant and have availed the grounds and reasons why the Respondent's action is illegal and ultra vires.
Outcome
The ex parte Applicants are granted leave to commence judicial review proceedings.
Orders
- The ex parte Applicants are granted leave to commence judicial review proceedings.
- The stay orders sought by the ex parte Applicants are merited.
- The electronic copies of pleadings and documents shall be clearly and correctly titled.
- The service of pleadings and documents shall be by way of personal service and electronic mail.
- The parties shall be required to send the respective affidavits of service by way of electronic mail.
- The matter shall be put on the Division's causelist for mention on 15th June 2020.
Remedies
- Stay of the impugned report until the determination of the application or until the judge orders otherwise.
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Environmental Management and Co-ordination Act
Cases cited (6)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others
- R (H). vs Ashworth Special Hospital Authority
- Taib A. Taib vs. The Minister for Local Government & Others
- Jared Benson Kangwana vs. Attorney General
- Republic vs Cabinet Secretary for Transport & Infrastructure & 4 Others ex parte Kenya Country Bus Owners Association and 8 Others
- James Opiyo Wandayi vs Kenya National Assembly & 2 Others
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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