Festus Maato v Impresta Construction Gluseppe M (Icm Spa) & another [2021] KENET 207 (KLR)
- Court
- KENET
- Case number
- 207
- Citation
- [2021] KENET 207 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal filed after the lapse of the 60 days since the EIA license was issued.
Holding
The Appeal is time barred and the Tribunal does not have jurisdiction to hear it.
Facts
The Appellant filed an appeal against an EIA license issued by NEMA on August 9, 2019, for the excavation of rock into stones for construction materials. The Appellant claims the blasting caused destruction of his properties.
Issues
- Whether the Appeal is time barred.
- Whether the Appeal has been filed in compliance with Rule 4(3) of the National Environment Tribunal Rules.
- Whether the appeal is sub judice in respect of KAJIADO CMCC ELC NO. 136 OF 2020, FESTUS MAATO vs IMPRESSA CONSTRUCTION GIUSEPPE & NEMA.
Reasoning
The Appeal was filed after the 60-day period provided in EMCA for filing an appeal against an EIA license. The Tribunal does not have jurisdiction over such a matter.
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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