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Joseph Ojwang’ Oundo v National Environment Management Authority & 8 others [2015] eKLR

Country/Territory
Kenya
Type of court
National - higher court
Date
Jun 10, 2013
Source
UNEP, InforMEA
Court name
Enviroment and Land Court
Seat of court
Busia
Judge
Mukunya
Reference number
No. 8 of 2014
Language
English
Subject
Land & soil, Environment gen., Agricultural & rural development
Abstract

The petitioner was seeking the declarations, that the commencement of operations of the 2nd respondent in respect of the project in developing a milling factory complex, Busia Sugar Factory Complex, in Busibwabo loation, Matayos sublocation in Busia County prior to the issuance of the Environment Impact license from the 1st Respondent was unconstitutional and contravenes the provisions of Sections 58, 59,60,61, 62 and 63 of the Environmental Management and Co-ordination Act, 1999 and provisions of Regulations 17, 22, 23 and 24 of the Environmental ( Impact Assessment and Audio) Regulations, 2003.

Further, a declaration that the Petitioners’ right to a clean and healthy environment as guaranteed by Article 42 of the Constitution of Kenya has been violated by the action of the 2nd Respondent to commence operations of the Busia Sugar Factory prior to the issuance of and/or due to the irregular issuance of the Environment Impact license by the 1st Respondent. The petitioner was also seeking an Order of prohibition stopping the operations of and/or work in the Busia Sugar factory complex by the 2nd Petitioner and/or and of the entity without the requisite Environment Impact license obtained after due process has been observed. The petition was struck out by the judge.

Full text
Joseph O case.pdf
pdf
Website
kenyalaw.org