Republic v National Environment Management Authority; Water Service Providers Association (WASPA) (Intended Interested Party/Applicant) Ex parte Nairobi City Water and Sewerage Company & another [2021] KEHC 7859 (KLR)
- Court
- High Court of Kenya
- Case number
- 7859
- Citation
- [2021] KEHC 7859 (KLR)
- Decided
- 12 February 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureRespondent filed a preliminary objection, ex parte Applicants and Intended Interested Party filed motions, and the court ordered the motions to be heard together.CoramErastus K. Gitonga
Holding
The Respondent’s Notice of Preliminary Objection is dismissed.
Facts
The ex parte Applicants, Nairobi City Water and Sewerage Company and Nahashon Muguna Maingi, sought leave to apply for various judicial review orders challenging the arrest of the 2nd ex parte Applicant by the National Environment Management Authority for discharging pollutants into the aquatic environment.
Issues
- Misjoinder of Respondents
- Authority to investigate and arrest
Reasoning
The court found that the grounds raised for misjoinder are not pure questions of law and require further evidence and argument.
Outcome
The ex parte Applicants’ case is not disposed of by the preliminary objection.
Orders
- The Respondent’s Notice of Preliminary Objection is dismissed without any order as to costs.
Authorities cited
Cases cited (4)
- Mukisa Biscuit Manufacturing Co. Ltd vs West End Distributors Ltd (1969) EA 696
- Oraro vs Mbaja (2005) 1 KLR 141
- Article 245(4) of the Constitution
- 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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