Jyoti Hardware Limited v National Environment Management Authority [2021] KENET 200 (KLR)
- Court
- KENET
- Case number
- 200
- Citation
- [2021] KENET 200 (KLR)
- Decided
- 26 August 2021
The Appellant's appeal is dismissed. The Appellant's property is ordered to remain in the status quo pending the appeal. The Appellant is not restrained from entering, breaking, demolishing, destroying, evicting, defacing, flattening, removing and interfering with the building, wall, compound and quiet enjoyment of the Appellants' properties.
Facts
The Appellant, Jyoti Hardware Limited, filed an appeal against an improvement notice issued by the Respondent, National Environment Management Authority, which sought to enforce the notice and demolish structures on the Appellant's property.
Issues
- How is a riparian reserve determined?
- What is the purpose of canalization of a water body vis a vis the riparian reserve?
- Should developments dating back to pre-EMCA period be subjected to riparian protection provisions of the law?
Reasoning
The court held that the riparian reserve is determined from the highest recorded watermark, not from the center line of the river. The Appellant's property is not subject to pre-EMCA period developments.
Outcome
Appeal dismissed
Orders
- An order under certificate of urgency that in the first instance this Honourable Tribunal do grant status quo ex parte to stay and stop the Respondent from enforcing its improvement notice in relation to the Appellant's property whatsoever and to stop the Respondent from demolishing any structure on the Appellant's property pending hearing and determination of the Appeal filed herein.
- An order that the Respondent to pay the Appellant's cost of appeal.
- An injunction/ stay order restraining and/or prohibiting the Respondent jointly and severally by itself and/or through its agents, servants and/or employees or otherwise whatsoever from entering, breaking, demolishing, destroying, evicting, defacing, flattening, removing and/or in any way howsoever interfering with the building, wall, compound and quiet enjoyment of the Appellants' properties being LR Nos. 209/8667, 209/7994/3, L.R. No. 209/7994/2, LR No. 209/7994/7 and LR No. 209/8666 all situate along along Dar-es-Salaam road, Industrial area, Nairobi and/or enforcing the improvement notices served upon the Appellants.
- An order that the Respondent to pay the Appellant's cost of appeal.
- An order that the Respondent to pay the Appellant's cost of appeal.
Remedies
- Status quo ex parte
- Injunction/ stay order
Authorities cited
Legislation (1)
- EMCA
Cases cited (1)
- Milimani Splendour Management Ltd –vs- NEMA and 4 Others (2019) eKLR
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