Hosea Kiplagat & 6 others v National Environment Management Authority NEMA & 2 others Country/Territory Kenya Type of court National - higher court Date Jul 27, 2015 Source UNEP, InforMEA Court name Environment and Land Court Seat of court Eldoret Judge Ombwayo A. Reference number E&L 52 of 2015 Language English Subject Land & soil Keyword Land-use planning Noise standards Noise emission Noise pollution Public health Aircraft noise Vehicle noise Air quality/air pollution Abstract In this case, the plaintiff challenged the decision granting an Environment Impact Assessment License to a nursery which should be built directly next to the house of the plaintiff.The plaintiff pointed out that the projected nurse would have a negative impact on the immediate environment because the location was not suitable for this project, it would create air pollution resulting from the diseases and produce noise pollution. Consequently, the plaintiff considered that the planned project could not meet the conditions set out in the License and the Environment Management and Co-ordination Act.The Judge from the Environmental and Land Court accepted the argumentation from the plaintiff and held that the balance of convenience between the damages for the plaintiffs and the interest for the community was not there. As a result, the court ordered the construction to be stopped until the suit has been heard and determined. Full text Hosea Kiplagat & 6 others v National Environment Management Authority Nema & 2 others.pdf kenyalaw.org