Kenyan case law
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Banjan Bharaj & 2 others v National Enviromental Management Authority [NEMA] & another [2020] KENET 30 (KLR)
✦ The Appeal is dismissed as it was filed more than six months after the issuance of the EIA Licence.
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No To Safaricom B.T.S Mast Residents of New Valley Kitengela (Suing Through Its Representatives) Jacqueline Makena Robert & another v Director General Nema & another [2020] KENET 126 (KLR)
✦ The Tribunal finds that the EIA License was improperly issued due to the lack of proper public consultation and consideration of the residents' concerns.
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Josephat Kyololo Wambua & another v Director General–National Environment Management Authority & 2 others [2020] KENET 127 (KLR)
✦ The Tribunal finds that the 2nd and 3rd Respondents commenced construction before obtaining an EIA License, and the EIA report submitted did not address all environmental concerns.
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Muthiga Residents Forum v Director General National Environment Management Authority (NEMA) & another [2020] KENET 125 (KLR)
✦ The appeal is dismissed
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Albert Mumma in his Capacity as Chairman Langata District Association v Director General - National Enviromental Management Authority [NEMA] & 2 others;Seventh Day Adventist Church (E.A.) Limited (Interested Party) [2019] KENET 110 (KLR)
✦ The Tribunal lacks jurisdiction to determine the appeal and dismisses the appeal with costs.
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Betty Mbugua David Ndirangu & 100 others v Director General & 2 others [2019] KENET 111 (KLR)
✦ The Tribunal finds that there was no public participation before the issuance of the EIA license.
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Jyoti Hardware Limited v National Enviromental Management Authority [NEMA] [2018] KENET 29 (KLR)
✦ The Tribunal finds in favor of the appellants and grants interlocutory injunctive orders pending the hearing and determination of the appeals.
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Charles Ongadi Nyambuga & 7 others v National Enviroment Management Authority (Nema) & another [2018] KENET 32 (KLR)
✦ The Tribunal allows the appeal, cancels the EIA License, issues an Environmental Restoration Order, and awards costs to the appellants
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David Awori & 2 others on behalf of Gigiri Village Association v Director General (NEMA) & 2 others [2018] KENET 28 (KLR)
✦ The Tribunal found the appeal not time barred and that the matter was not sub judice.
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Albert Mumma in his capacity as Chairman, Karen Langata District Association (KLDA) v Director General - National Enviromental & 2 others [2018] KENET 31 (KLR)
✦ The appeal is under Section 129(2) of the Environmental Management and Coordination Act, 1999, and is not subject to the 60-day time limit for appeals under Section 129(1).
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Tim Busienei & 2 others v Director General, National Environment Management Authority (Nema) & another (Tribunal Appeal 10 of 2006) [2007] KENET 3 (KLR) (18 June 2007) (Ruling)
✦ Affirm the 1st Respondent's approval and the EIA licence, allow the 2nd Respondent to proceed with the development
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GITIRIKU WAINAINA & Another v KENAFRIC INDUSTRIES & Another [2007] KENET 1 (KLR)
✦ The Defendants are liable for the damage to the galvanized iron sheets used by the Plaintiffs on their block of flats.
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NAROK COUNTY COUNCIL & ANOTHER v NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY & ANOTHER [2006] KENET 1 (KLR)
✦ NEMA's EIA approval is set aside, and a full EIA study must be conducted before any further development can occur.
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JAMII BORA CHARITABLE TRUST & ANOTHER v DIRECTOR GENERAL NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY & ANOTHER [2006] KENET 2 (KLR)
✦ The Tribunal set aside the Respondents' decision and ordered the issuance of an EIA licence for the project.
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PHENOM LIMITED v NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY & ANOTHER [2005] KENET 1 (KLR)
✦ The appeal is dismissed, and the Appellant is directed to re-draw the building plan to conform to the allowed ground coverage, plot ratio, and maximum floors, and then submit it for approval by the Nairobi City Council.
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PL (Suing as the Next Friend and Father of the Deceased Minor, L Ole K) v Kenya Wildlife Service [2021] KENET 205 (KLR)
✦ The appeal is struck out due to lack of locus standi and lack of jurisdiction
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Festus Maato v Impresta Construction Gluseppe M (Icm Spa) & another [2021] KENET 207 (KLR)
✦ The Appeal is time barred and the Tribunal does not have jurisdiction to hear it.
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Samwel Maheri Andambi v National Environment Management Authority (Nema) & another [2021] KENET 199 (KLR)
✦ The appeal is struck out and the preliminary objection is allowed.
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Imara Steel Mills Limited v National Environment Management Authority (Nema) [2021] KENET 208 (KLR)
✦ The Appellant's application is disallowed
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Sky Africa Holdings Limited v National Enviroment Management Authority (Nema) [2021] KENET 202 (KLR)
✦ The Notice of Appeal is allowed. Each party shall bear its own costs.
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Wemali Benson & 3 others v National Environment Management Authority (NEMA) & another [2020] KENET 22 (KLR)
✦ The Tribunal has powers under section 129(3c) of the Environmental Management and Coordination Act to review its decisions and the instant Application is properly before the Tribunal.
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Greenbelt Movement & 4 others v National Environmental Management Authority & another; Kenya National Highways Authority (Interested Party) [2020] KENET 34 (KLR)
✦ The Tribunal finds that the Appellants have not filed the alleged documents and that the Tribunal Procedure Rules do not apply in the present Application. The Tribunal also finds that the requested information does not violate the Access to Information Act and that the prayer for a site visit is premature.
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Greenbelt Movement & 5 others v National Environmental Management Authority & another; Kenya National Highways Authority (Interested Party) [2020] KENET 27 (KLR)
✦ The Tribunal allows the witness to be sworn virtually in any location as he may deem convenient for him
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Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] KENET 98 (KLR)
✦ The appeal is allowed, and the decision to grant the EIA Licence is set aside. A fresh EIA study is required following specific terms of reference.
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Maraba Lwatingu Residents Association & 2 others v National Environment Management Authority & 3 others [2019] KENET 109 (KLR)
✦ The Tribunal found that there was effective public participation and the project adheres to the regulations, thus dismissing the appeal.