DOBS Entertainment Limited v National Environment Management Authority [2021] KENET 198 (KLR)
- Court
- KENET
- Case number
- 198
- Citation
- [2021] KENET 198 (KLR)
- Decided
- 7 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from an Environmental Restorative OrderCoramIbrahim
Holding
The Appeal is allowed by setting aside the Environmental Restorative Order dated 10.04.2019 or by varying, reviewing, or lifting the Order as deemed fit by the Tribunal.
Facts
The Appellant, DOBS Entertainment Limited, was issued Improvement Notices and an Environmental Restorative Order by the Respondent, National Environment Management Authority, due to noise pollution from playing music and provision of sound proofing measures.
Issues
- Excess of jurisdiction or power of the Respondent
- Abuse of discretion
- Unreasonableness of the Restoration Order
- Violation of fair administrative action
- Denial of legal right to operate a profitable business
- Bias and failure to consider relevant considerations
Reasoning
The Tribunal found the Restoration Order to be in excess of jurisdiction and power, unreasonable, procedurally unfair, and in violation of the Appellant's rights under the Constitution and other statutes.
Outcome
The Appeal is allowed.
Orders
- Setting aside the Environmental Restorative Order dated 10.04.2019
- Varying, reviewing, or lifting the Environmental Restorative Order as deemed fit by the Tribunal
Remedies
- Appellant's costs of the appeal
- Any other relief and/or orders deemed fit by the Tribunal
Authorities cited
Legislation (6)
- Environment Management and Coordination Act
- Noise Pollution and Excessive Vibration Pollution (Control) Regulations, 2009
- Fair Administrative Action Act No.4 of 2015
- Hotels and Restaurants Act
- Alcoholic Drinks Control Act
- Constitution of Kenya 2010
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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