Kimani & another v National Environment Management Authority & another (Tribunal Appeal 29 of 2021) [2024] KENET 361 (KLR) (29 February 2024) (Ruling)
- Court
- KENET
- Case number
- 361
- Citation
- [2024] KENET 361 (KLR)
- Decided
- 29 February 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision of the National Environment TribunalCoramEMMANUEL MUMIA, Winnie Tsuma, DUNCAN KURIA, RONALD ALLAMANO
Holding
The Tribunal's orders are set aside, and the injunctive orders are reinstated.
Facts
The applicants, Esther Wangeci Kimani and Richard Kimani Kariuki, sought to review the Tribunal's orders vacating injunctive orders issued on 10th March 2023, which allowed the respondent, Bedarins Hotel Limited, to play loud and unreasonable sounds. The applicants claimed these sounds were a nuisance and violated their right to a clean and healthy environment.
Issues
- Whether the Tribunal has the power to review its own orders
- Whether the Tribunal's orders should be set aside and the injunctive orders reinstated
Reasoning
The Tribunal has the jurisdiction to review its orders, and the violation of the applicants' right to a clean and healthy environment is a sufficient reason to review the orders.
Outcome
Appeal allowed
Orders
- The order issued on 4th April 2023 vacating the injunctive orders issued on 10th March 2023 is hereby set aside.
- The injunctive orders issued on 10th March 2023 are hereby reinstated.
Remedies
- Each party to bear their own costs.
Authorities cited
Cases cited (1)
- Wemali Benson & 3 others v National Environment Management Authority (NEMA) & another [2020] eKLR
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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