Lakeview Residents’ Association & 4 others v Director General, National Environment Management Authority & another; Amiha Investments Limited (Interested Party) (Tribunal Case 163 of 2015) [2023] KENET 1247 (KLR) (Civ) (1 December 2023) (Ruling)
- Court
- KENET
- Case number
- 1247
- Citation
- [2023] KENET 1247 (KLR)
- Decided
- 1 December 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an order of the National Environment TribunalCoramEMMANUEL MUMIA, Winnie Tsuma, Kariuki Muigua, Duncan Kuria, Ronald Allamano
Holding
The Appellants' application is dismissed in its entirety, while the 2nd Respondent's application is allowed in terms of prayers (c) and (d).
Facts
The case involves a consent dated 2nd November 2020 that compromised an appeal, stipulating that the 2nd Respondent redesign a project proposal and seek NEMA's variation of the EIA license, while the Appellants must not object to the approval and execution of the redesigned project.
Issues
- Whether the consent dated 2nd November can be varied, rescinded
- Whether the Tribunal should set aside the injunctive orders issued on 4th April 2023
Reasoning
The Tribunal dismissed the Appellants' application as the consent dated 2nd November 2020 was binding and the 2nd Respondent's application sought to set aside the injunctive orders issued on 4th April 2023.
Outcome
The 2nd Respondent's application is allowed.
Orders
- The Appellants' application is dismissed in its entirety
- The 2nd Respondent's application is allowed in terms of prayers (c) and (d)
- Parties are directed to ensure strict adherence to the terms of the consent dated 2nd November 2020
- Each party is to bear its own costs
Remedies
- The 2nd Respondent's application is allowed in terms of prayers (c) and (d)
- Parties are directed to ensure strict adherence to the terms of the consent dated 2nd November 2020
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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