Gravillea Horizons Limited v National Environment Management Authority (Tribunal Appeal 4 of 2021) [2022] KENET 751 (KLR) (12 October 2022) (Judgment)
- Court
- KENET
- Case number
- 751
- Citation
- [2022] KENET 751 (KLR)
- Decided
- 12 October 2022
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision to cancel an exemption letterCoramMohammed Balala, Christine Kipsang, Bahati Mwamuye, Waithaka Ngaruiya, Kariuki Muigua
Holding
The restoration order is set aside and NEMA is ordered to bear the costs of the appeal.
Facts
Gravillea Horizons Limited received an exemption letter from the National Environment Management Authority (NEMA) to construct a single dwelling residential house on plot L.R No. 7158/573. NEMA later cancelled the exemption and issued a restoration order.
Issues
- Whether NEMA violated the law in issuing the restoration order
- What orders the Tribunal should make
Reasoning
The Tribunal found that the conversion of the access road into a plot for construction did not require an EIA study, and there was no breach of legitimate expectations.
Outcome
Appeal allowed
Orders
- The restoration order issued to the Appellant by the Respondent on January 8, 2021 is hereby set aside and/or cancelled.
- The Respondent shall bear the costs of the Appeal.
Authorities cited
Cases cited (1)
- Diana Kethi Kilonzo & another v Independent Electoral & Boundaries Commission & 10 others [2013] eKLR
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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