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Gerick Kenya Limited v National Environment Management Authority

Country/Territory
Kenya
Type of court
National - higher court
Date
Jun 5, 2015
Source
UNEP, InforMEA
Court name
High Court
Seat of court
Kisii
Judge
Okong'o S.
Reference number
No. 17 of 2015
Language
English
Subject
Wild species & ecosystems, Land & soil
Keyword
Land-use planning Wetlands
Abstract

In this case, the plaintiff challenged the environmental restoration order which command him to stop any construction on the land parcel on which he was building a petrol filling station for which he had received an environmental impact assessment license. The order was issued on the ground that the applicant had concealed from the environmental impact assessment procedure that his project was not compatible with the surrounding area which is a wetland.

The plaintiff challenged the environmental restoration order on the basis that the National Environment Management Authority (NEMA) exceeded its power by cancelling an environmental impact assessment license already issued and that the restoration order could not be effective so long the license was still valid.

The judge of the high court held that the argument of the plaintiff was receivable but that he could not judge the application for environmental license on its merits but only to the preliminary objections. As a result, the court called for the parties not to take any actions before the final hearing.

Full text
Gerick Kenya Limited v National Environment Management Authority.pdf
kenyalaw.org