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Ken Kasing’a v Daniel Kiplagat Kirui & 5 others [2015] eKLR

Country/Territory
Kenya
Type of court
National - higher court
Date
Nov 4, 2015
Source
UNEP, InforMEA
Court name
Land and Environment Court
Seat of court
Nakuru
Judge
Sila M.
Reference number
Petition No. 50 of 2013
Subject
Environment gen.
Abstract

The petitioner contended that the respondent had built a telecommunication mast with a proper EIA licence and report. The petitioner also argued that the right to a clean and healthy environment had been violated. The judge ordered the licence be investigated under the Kenya Information and Communications Act. The judge also ordered that the base station must be pulled down and the environment restored to the manner that it was before the illegal mast was put up. I therefore issue an environmental restoration order, ordering all the respondents to jointly ensure that the site in dispute is restored back to the manner that it was before the base transmitter station was constructed. I direct that this be done within 30 days.

Full text
pdf
Website
kenyalaw.org