David Awori & 2 others on behalf of Gigiri Village Association v Director General (NEMA) & 2 others [2018] KENET 28 (KLR)
- Court
- KENET
- Case number
- 28
- Citation
- [2018] KENET 28 (KLR)
- Decided
- 25 September 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellants filed a Notice of Appeal against the issuance of NEMA license No. 0034241 to Ikono Investments Limited.
Holding
The Tribunal found the appeal not time barred and that the matter was not sub judice.
Facts
The appellants allege that the license was issued without observance of the law, and the 2nd Respondent filed a Notice of Preliminary Objection citing statute bar and other grounds.
Issues
- Whether the appeal is time barred
- Whether it was appropriate to bring the matter by way of a preliminary objection
- Whether the matter is Sub Judice
- Whether the Appeal is Time Barred
Reasoning
The Tribunal ruled that the appeal was not time barred and that the matter was not sub judice, dismissing the preliminary objections.
Outcome
Appeal dismissed
Authorities cited
Legislation (2)
- Environmental Management and Co-ordination Act No. 8 of 1999
- National Environment Tribunal Procedure Rules, 2003
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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