Betty Mbugua David Ndirangu & 100 others v Director General & 2 others [2019] KENET 111 (KLR)
- Court
- KENET
- Case number
- 111
- Citation
- [2019] KENET 111 (KLR)
- Decided
- 5 March 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the issuance of an Environmental Impact Assessment License
Holding
The Tribunal finds that there was no public participation before the issuance of the EIA license.
Facts
Public land in Uhuru phase 4 playgrounds, Makadara Sub County, Nairobi County was proposed for a social hall development. The National Environmental Management Authority issued an EIA license on 29/04/2016. The land is public land held by the County Government of Nairobi on behalf of residents.
Issues
- Whether there was public participation before issuance of the EIA license
- What orders should the Tribunal make
Reasoning
The land is public land and the National Land Commission, tasked with managing public land, had concerns about ownership. The Constitution of Kenya, 2010, enshrines public participation as a national value and principle.
Outcome
Appeal dismissed with costs
Authorities cited
Legislation (2)
- Constitution of Kenya, 2010
- National Land Commission 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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