Mungai & 6 others v National Environment Management Authority & 2 others (Tribunal Appeal 5 of 2024) [2024] KENET 630 (KLR) (29 April 2024) (Ruling)
- Court
- KENET
- Case number
- 630
- Citation
- [2024] KENET 630 (KLR)
- Decided
- 29 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a decision to grant an Environmental Impact Assessment (EIA) licenceCoramEMMANUEL MUMIA, Winnie Tsuma, Duncan Kuria, RONALD ALLAMANO
Holding
The appeal is a section 129(2) appeal, as it is an appeal by an aggrieved party who was neither involved nor participated in the process leading to the issuance of the licence.
Facts
The 2nd Respondent obtained an EIA licence for a residential project in Westlands, Nairobi. The Appellants, aggrieved by the decision, appealed to the National Environment Tribunal.
Issues
- Whether the appeal is a section 129(1) or section 129(2) appeal under the Environmental Management and Coordination Act (EMCA)
Reasoning
The Court found that section 129(2) of the EMCA allows for an appeal by an aggrieved party who was not a part of the licencing process, and that the 60-day period for filing such an appeal begins from the date the aggrieved party is notified of the impugned decision.
Outcome
The appeal is not time-barred, and the Notice of Preliminary Objection is dismissed.
Orders
- 2nd and 3rd Respondent's Notice of Preliminary Objection is dismissed.
- Costs shall abide the outcome of the appeal.
Authorities cited
Legislation (1)
- Environmental Management and Coordination Act (EMCA)
Cases cited (5)
- Judith Kamau v Director General National Environment Management Authority & 2 others [2011] eKLR
- Yusuf & another v Director-General, National Environment Management Authority & another [2023] KENET 493 (KLR)
- Vincent Kioko Suing in his Capacity as Chairman for and on Behalf of Runda Gardens Residents Association v National Environment Management Authority & another 2023 eKLR
- Simba Corporation Limited v Director General, National Environment Management Authority (NEMA) & another [2017] eKLR
- Professor Albert Mumma (In His Capacity As Chairman, Karen Langata District Association (KLDA) V Director General, National Environment Management Authority & 2 Others; Seventh Day Church (E.A) Limited 2021 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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