WE CARE ABOUT NAIROBI DO IT & ANOTHER v NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY & ANOTHER [2007] KENET 2 (KLR)
- Court
- KENET
- Case number
- 2
- Citation
- [2007] KENET 2 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the initial approval of EIA report
Holding
NEMA's approval remains valid, but the 2nd Respondent must take measures to ensure no encroachment on the riparian reserve and adhere to mitigation measures.
Facts
We Care About Nairobi Do It and Kyuna and Shanzu Road Residents Association challenged NEMA's initial approval of EIA report for the construction of 23 houses on LR 7158/53, later LR 7158/385-388, without approved architectural and structural plans and amalgamation of plots.
Issues
- NEMA's approval of EIA report
- Construction without approved plans
- Amalgamation of plots without approvals
- False information provided to NEMA
- Negligence by NEMA in publishing EIA application
- Construction despite canceled EIA approval
Reasoning
The court found that NEMA's approval was valid but the 2nd Respondent failed to comply with certain requirements.
Outcome
Appeal dismissed, NEMA's approval remains valid
Orders
- NEMA enjoined in proceedings
- 2nd Respondent to take measures to ensure no encroachment on riparian reserve
- Mitigation measures to be strictly adhered to
- Precautionary measures to be resumed
Remedies
- None
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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