Cleophas Barasa Simiyu & another v National Environment Management Authority & another;Samuel Maheri (Interested Party) [2021] KENET 206 (KLR)
- Court
- KENET
- Case number
- 206
- Citation
- [2021] KENET 206 (KLR)
- Decided
- 1 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the original decision on an EIA LicenseCoramTribunal
Holding
The appeal is time-barred and the Tribunal does not have jurisdiction over the matter.
Facts
The appellants filed an appeal against the issuance and subsequent transfer of an EIA License, seeking various orders. The appeal was filed after the 60-day time limit provided by the EMCA 1999.
Issues
- Jurisdiction of the Tribunal to hear the appeal
- Time-barred appeal
Reasoning
The appeal was filed after the 60-day time limit provided by the EMCA 1999, and the Supreme Court has previously established that appeals filed after this period are time-barred.
Outcome
The appeal is dismissed
Authorities cited
Legislation (2)
- EMCA 1999
- Section 129(1) of EMCA 1999
Cases cited (2)
- Macfoy v United Africa Company limited (1961) 3 All ER 1169 (PC)
- Samuel Kamau Macharia
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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