Simba Corporation Limited v Director General, National Environment Management Authority & another [2018] eKLR
- Court
- KENET
- Case number
- 30
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a decision of the National Environment TribunalCoramHonorable Chacha
Holding
The Tribunal has jurisdiction to punish for contempt of court.
Facts
Simba Corporation Limited filed an application seeking orders against the Director General, National Environment Management Authority and Avic International Real Estate (EA) Ltd.
Issues
- Whether this Tribunal has jurisdiction to punish for contempt of court
- Whether the 2nd Respondent is entitled to claim costs
Reasoning
The Tribunal held that the power to punish for contempt is inherent and not granted by statute, but judicial authority is derived from the people and vests in the courts established by the Constitution.
Outcome
The application was dismissed with costs to the 2nd Respondent.
Authorities cited
Legislation (2)
- Environmental Management and Co-ordination Act, 1999
- Constitution of Kenya 2010
Cases cited (2)
- Constitutional Petition no 87 of 2017 Kenya Human Rights Commission vs Hon. Attorney General & Law Society of Kenya
- NET 200 of 2017 Okiya Omtatah & Another vs NEMA & 8 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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