Olago & another (Suing on their Behalf and on Behalf of 26 other Persons) v Director-General, National Environment Management Authority & another (Tribunal Appeal 27 of 2023) [2023] KENET 1249 (KLR) (30 November 2023) (Ruling)
- Court
- KENET
- Case number
- 1249
- Citation
- [2023] KENET 1249 (KLR)
- Decided
- 30 November 2023
AI Summary
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TypeAppealPostureAppeal from a decision to extend time for filing an appealCoramEMMANUEL MUMIA, Winnie Tsuma, Kariuki Muigua, Duncan Kuria, Ronald Allamano
Holding
The Tribunal has no jurisdiction to extend the time for filing an appeal under Section 129(1) of the EMCA.
Facts
The Applicants sought an extension of time to file an appeal against the issuance of an EIA license by the 1st Respondent to the 2nd Respondent. The 2nd Respondent opposed the application.
Issues
- Whether the Tribunal has jurisdiction to extend time for the Applicants to file an appeal against the decision of the 1st Respondent dated 21st July 2022 issuing an EIA license to the 2nd Respondent
Reasoning
The Tribunal found that the Applicants' appeal falls under Section 129(1) of the EMCA, which does not allow for extensions of time. The 2015 amendments to the Act have made all appeals challenging the grant or refusal of a license fall under Section 129(1).
Outcome
The Appeal is struck out with no orders as to costs.
Orders
- The Appeal is struck out with no orders as to costs.
Authorities cited
Legislation (2)
- EMCA
- National Environment Tribunal Procedure Rules
Cases cited (1)
- Misc Civil application 155 of 2012: Republic v NET ex parte Abdulhafidh Sheikh Zubedi
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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