Muthangya & 2 others v Director General National Environment Management Authority & another (Tribunal Appeal 24 of 2022) [2023] KENET 205 (KLR) (18 April 2023) (Ruling)
- Court
- KENET
- Case number
- 205
- Citation
- [2023] KENET 205 (KLR)
- Decided
- 18 April 2023
The Appeal is struck out due to the failure to file within the statutory period of 60 days from the issuance of the EIA License.
Facts
The Appellants filed a petition seeking the cancellation of the Environmental Impact License (EIA) number Nema/EIA/PSL/18400 issued to the 2nd Respondent by the 1st Respondent on April 12, 2022. The 1st Respondent filed a Notice of Preliminary Objection praying that the Appeal be struck out as it was time barred under section 129(1) of the Environmental Management and Co-ordination Act (EMCA).
Issues
- violation of law due to lack of public participation
- violation of law due to human and vehicular congestion
- violation of law due to pollution
- violation of law due to the revocation of the EIA Licence
Reasoning
The Tribunal ruled that the Appeal was filed 106 days after the issuance of the EIA License, which is beyond the statutory period of 60 days. The Tribunal also noted that it does not have the power to enlarge the time within which such an Appeal can be filed.
Outcome
The Appeal is struck out.
Orders
- The Appeal dated April 29, 2022 is struck out.
- Parties are at liberty to approach the Tribunal under Rule 39 of the National Environmental Tribunal Rules and address it on the question of costs.
Authorities cited
Legislation (1)
- Environmental Management and Co-ordination Act (EMCA)
Cases cited (1)
- Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] KLR 1
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