Soba (Shimo La Tewa Old Boys Alumni) v Bahari Desalination Company Limited & 2 others (Tribunal Appeal 28 of 2021) [2023] KENET 226 (KLR) (15 April 2023) (Ruling)
- Court
- KENET
- Case number
- 226
- Citation
- [2023] KENET 226 (KLR)
- Decided
- 15 April 2023
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision on a preliminary objectionCoramMohamed S Balala, Bahati Mwamuye, Waithaka Ngariya, Kariuki Muigua
Holding
The 3rd Respondent’s Preliminary Objection is hereby dismissed
Facts
The appellant, Soba (Shimo La Tewa Old Boys Alumni), filed an appeal against the respondent, Bahari Desalination Company Limited, and the Mombasa County Government. The appeal was based on a preliminary objection raised by the 3rd Respondent.
Issues
- Whether the appeal falls outside the ambit of the causes of action contemplated under Section 129 of the Environmental Management and Co-ordination Act (EMCA) 1999
- Whether the Tribunal has jurisdiction
- What orders should the Tribunal make
Reasoning
The Tribunal considered the principles of preliminary objections as set out in Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Limited and found that the appeal does not fall outside the ambit of the causes of action contemplated under Section 129 of the EMCA.
Outcome
The appeal proceeds to be heard on merit
Orders
- The 3rd Respondent’s Preliminary Objection is hereby dismissed
- The Appeal shall proceed to be heard on merit
- Each party to bear their own costs
Authorities cited
Legislation (2)
- Environmental Management and Co-ordination Act (EMCA) 1999
- National Environment Tribunal Procedure Rules
Cases cited (1)
- Mukisa Biscuit Manufacturing Co Ltd v West End Distributors Limited
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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