Nato & 3 others v National Environment Management Authority & another (Tribunal Appeal 22 of 2020) [2022] KENET 699 (KLR) (Civ) (12 September 2022) (Judgment)

Facts

The National Environment Management Authority (1st respondent) granted an EIA licence to Focus Container Freight Stations Limited (2nd respondent) for the installation of a bulk liquefied petroleum gas (LPG) storage depot. The appellants challenged the decision, alleging inadequate public participation in the EIA process.

Issues

1. Whether a fresh EIA should be carried out before the issuance of an EIA licence to a proprietor who had initially been denied an EIA licence due to safety issues.
2. What did public participation in an environmental impact assessment context entail?
3. Whether the National Environment Tribunal had the jurisdiction to make a determination on the ownership of land.

Reasoning

The Tribunal held that the public participation in the EIA process was inadequate and that the 1st respondent should not have granted the EIA licence without subjecting the downsized project to a fresh EIA study.

Outcome

The appeals were allowed, and the EIA licence was cancelled.

Authorities cited