Riunga v National Environment Management Authority & another (Appeal 16 of 2022) [2023] KENET 491 (KLR) (Environment and Planning) (27 September 2023) (Ruling)
- Court
- KENET
- Case number
- 491
- Citation
- [2023] KENET 491 (KLR)
- Decided
- 27 September 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppellant seeks extension of time for filing an appeal and deeming the Notice of Appeal as properly filed.CoramSUSAN WANJIKU RIUNGA, Winnie Tsuma, Kariuki Muigua, Duncan Kuria, Ronald Allamano
Holding
The Tribunal finds that the appeal is not within the ambit of section 129(1) of EMCA and that the Tribunal lacks jurisdiction to extend timelines for lodging appeals.
Facts
The Appellant filed a Notice of Motion application seeking to extend time for filing an appeal against the decision of the 1st Respondent regarding the Environment Impact Assessment Project Report.
Issues
- Whether the instant appeal is an appeal within the meaning of section 129(1) of EMCA.
- Whether the Tribunal has jurisdiction to extend timelines for lodging appeals falling under section 129(1) of EMCA.
Reasoning
The Tribunal considers the submissions and finds that the appeal is not an appeal under section 129(1) of EMCA, but rather a challenge to the issuance of an EIA license, which falls under section 129(2) of EMCA.
Outcome
The appeal is dismissed.
Orders
- The application for extension of time for filing an appeal is denied.
- The Notice of Appeal is not deemed as properly filed.
Authorities cited
Legislation (3)
- Environmental Management and Coordination Act No. 8 of 1999
- Environmental (Impact Assessment and Audit) Regulations 2003
- Physical and Land Use Planning Act 2019
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.
Loading judgment…