Kenyan case law
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Simiyu v Director General, National Environment Management Authority & 2 others (Tribunal Appeal 32 of 2023) [2024] KENET 632 (KLR) (7 May 2024) (Ruling)
✦ The application is dismissed in its entirety, and the project shall proceed unhindered unless enjoined by a lawful court order.
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Otieno & another v National Environment Management Authority & another (Tribunal Appeal 24 of 2023) [2024] KENET 631 (KLR) (Civ) (3 May 2024) (Ruling)
✦ The Tribunal found the directors of Parklane Towers Limited in contempt for violating the injunction issued by the Tribunal.
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Mungai & 6 others v National Environment Management Authority & 2 others (Tribunal Appeal 5 of 2024) [2024] KENET 630 (KLR) (29 April 2024) (Ruling)
✦ 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.
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Salat & another v National Environmental Management Authority & another (Tribunal Appeal 19 of 2023) [2024] KENET 520 (KLR) (26 April 2024) (Judgment)
✦ The Appellants have the requisite locus standi to file the appeal and the Tribunal orders the relocation of the waste disposal site.
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Koruta v Kenya Wildlife Service (Tribunal Appeal 29 of 2023) [2024] KENET 519 (KLR) (26 April 2024) (Ruling)
✦ The Tribunal finds that the appeal is not time-barred and has jurisdiction to entertain the appeal.
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Ramaita v Kenya Wildlife Service & another (Cause 35 of 2023) [2024] KENET 518 (KLR) (22 April 2024) (Ruling)
✦ The appeal is struck out for want of jurisdiction as it was filed outside the 30-day period specified in the Wildlife Conservation and Management Act
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Bernard Nderitu Kingori t/a Kenwood Products & Kenwood Plywood Co. Ltd v Kenya Forest Service (Tribunal Appeal E033 of 2023) [2024] KENET 517 (KLR) (19 April 2024) (Judgment)
✦ The Tribunal finds that the Respondent lacks jurisdiction to hear the appeal and orders the Respondent to refund the plantation fees and license fees to the Appellant.
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Mbugua & 101 others v National Environment Management Authority & 2 others (Tribunal Appeal 177 of 2016) [2024] KENET 633 (KLR) (16 April 2024) (Ruling)
✦ The court determined the instruction fees for the Party & Party Bill of Costs dated 18th December, 2023, and ruled that the starting point for determining instruction fees is by considering the value of the subject matter in the pleadings, judgment, or settlement.
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Ware Transport Limited v National Environment Management Authority (Tribunal Appeal 47 of 2022) [2024] KENET 338 (KLR) (Environment and Land) (18 March 2024) (Judgment)
✦ The Respondent's decision on the Appellant's EIA license application is null and void as it was made outside the statutory timeline of 3 months.
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North Bay Estates Limited v National Environment Management Authority & 2 others (Tribunal Appeal 22 of 2023) [2024] KENET 504 (KLR) (18 March 2024) (Judgment)
✦ The Appellants' Notice of Appeal is devoid of merit and is hereby dismissed.
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Sikalieh (Chairman) Suing on behalf of Karen Langata District Association) v National Environment Management Authority & another (Appeal 4 of 2023) [2024] KENET 503 (KLR) (12 March 2024) (Judgment)
✦ The Tribunal revokes the Environmental Impact Assessment License and stops the construction.
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Mbugua & 1001 others v National Environment Management Authority (NEMA) & 2 others (Tribunal Appeal 177 of 2016) [2024] KENET 336 (KLR) (7 March 2024) (Ruling)
✦ The Respondents are in contempt of the Tribunal's orders and must pay Kshs 2,000,000 in 90 days to purge contempt.
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Coldstone Investment Limited v Director General National Environment Management Authority & another (Tribunal Appeal 15 of 2023) [2024] KENET 360 (KLR) (Environment and Land) (4 March 2024) (Ruling)
✦ The Tribunal found that Khaleej Towers Limited continued construction on the suit property despite the Tribunal's orders, constituting contempt of the Tribunal.
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Ndambuki v Kitui County Wildlife Conservation and Compensation Committee & another (Tribunal Appeal 32 of 2020) [2024] KENET 511 (KLR) (4 March 2024) (Judgment)
✦ The Tribunal struck out the appellant's Notice of Appeal for want of locus standi.
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Kimani & another v National Environment Management Authority & another (Tribunal Appeal 29 of 2021) [2024] KENET 361 (KLR) (29 February 2024) (Ruling)
✦ The Tribunal's orders are set aside, and the injunctive orders are reinstated.
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Osman v Kenya Wildlife Service (Tribunal Appeal 44 of 2022) [2024] KENET 502 (KLR) (26 February 2024) (Judgment)
✦ The Tribunal has no jurisdiction to hear the appeal due to the time-barred nature of the appeal under Section 25(6) of the Wildlife Conservation and Management Act.
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Lakeview Residents Association & 4 others v Director-General, National Environment Management Authority & another (Tribunal Appeal 163 of 2015) [2024] KENET 501 (KLR) (23 February 2024) (Ruling)
✦ Order (b) is set aside as a mistake/ error apparent on the face of the record.
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Shah & 3 others v National Environment Management Authority & another (Tribunal Appeal 29 of 2022) [2024] KENET 339 (KLR) (19 February 2024) (Judgment)
✦ The Appellants' Notice of Appeal is dismissed with costs.
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Nyamgutu & 5 others v National Environment Management Authority & another (Tribunal Appeal 009 of 2022) [2024] KENET 479 (KLR) (8 February 2024) (Judgment)
✦ The Tribunal allows the appeal and cancels the EIA license due to insufficient public participation.
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Hamisi & 10 others v National Environment Management Authority & 2 others (Tribunal Appeal 37, 41 & 46 of 2022 (Consolidated)) [2024] KENET 634 (KLR) (31 January 2024) (Judgment)
✦ The Appellants' Notices of Appeal are hereby dismissed with costs.
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Endesk Properties Limited v Director General National Environment Management Authority & another (Tribunal Appeal 12 of 2023) [2024] KENET 478 (KLR) (25 January 2024) (Judgment)
✦ The Tribunal found that there was inadequate public participation before the issuance of the EIA license.
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Bayusuf & 4 others v Marble Inn Developers Limited & another (Tribunal Appeal 43 of 2022) [2023] KENET 1254 (KLR) (21 December 2023) (Judgment)
✦ The Tribunal found that there was insufficient public participation before the issuance of the EIA license and that the Tribunal has jurisdiction to hear and determine Grounds 4 & 5 of the Notice of Appeal.
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Vaiani v National Environment Management Authority (Tribunal Appeal 30 of 2023) [2023] KENET 1371 (KLR) (15 December 2023) (Judgment)
✦ The Respondent's decision did not meet the threshold of fair administrative action.
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Endesk Properties Limited v Director General National Environment Management Authority & another (Tribunal Appeal 12 of 2023) [2023] KENET 1251 (KLR) (14 December 2023) (Ruling)
✦ The Tribunal finds the Applicant's Application meritorious and allows it with the following terms: a) Conduct a site visit on 11th January 2024, b) Stop further construction on the suit property pending the delivery of the Judgment, c) Each party to bear their own costs.
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Haki Kenya Organisation & 3 others v National Environment Management Authority & another (Tribunal Appeal 18 of 2022) [2023] KENET 1349 (KLR) (13 December 2023) (Judgment)
✦ The EIA license is cancelled, and the Respondents are directed to undertake fresh public participation and re-issue the license upon compliance.