Judith Kamau v Director General National Environment Management Authority & 2 others [2021] KENET 130 (KLR)
- Court
- KENET
- Case number
- 130
- Citation
- [2021] KENET 130 (KLR)
- Decided
- 29 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the first instance decision on a preliminary objection
Holding
The appeal is time barred as it was filed 6 days after the 60-day period provided in EMCA for filing the appeal.
Facts
The appellant filed a Notice of Appeal challenging the EIA Licence for a petrol station in Greenspan Estate, Donholm. The 2nd respondent filed an application to have its name expunged from the proceedings. The 1st respondent filed a reply alleging the EIA Licence was properly issued but the appellant failed to mention the correct licensee.
Issues
- Whether the Appeal is time barred
- Whether the Appeal can be extended under Rule 7 of the National Environment Tribunal Rules
- Whether the application for contempt is merited
Reasoning
The jurisdiction of the Tribunal to hear matters of EIA licences is limited to 60 days from the date of issuance. The appeal was filed after this period, thus it is time barred.
Outcome
The appeal is dismissed.
Authorities cited
Legislation (2)
- EMCA
- National Environment Tribunal Rules
Cases cited (1)
- Samuel Kamau Macharia vs. Kenya Commercial Bank & 2 Others, Civil Appl. No. 2 of 2011
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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