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Kwanza Estates Ltd. v Kenya Wildlife Services

Country/Territory
Kenya
Type of court
National - higher court
Date
Mar 8, 2013
Source
UNEP, InforMEA
Court name
High Court
Seat of court
Malindi
Judge
O. A. Angote
Reference number
Civil Case No.133 of 2012
Subject
Waste & hazardous substances
Keyword
Public participation Sustainable development
Abstract

The plaintiff complained that the defendant had started to put up a public toilet without due consideration. The plaintiff meant that it could have environmental consequence if the effluent was discharged into the sea. This would also cause a devaluation of the plaintiff’s property. The plaintiff sought injunctive orders. The defendant, however, meant that toilets and showers were necessary to preserve the environment of the public beach. He also stated that the construction was not made on the property of the plaintiff.

The plaintiff stated that there had been no Environmental Impact Assessment, and that there was no licence by the National Environmental Management Authority. The defendant on the other hand meant that he had a right to use the environment for the benefit of the people of Kenya.

The Court emphasised the right to a clean and healthy environment, principles of sustainable development and public participation. The Court also stated that constructions like this, aiming to protect the environment, should also follow due process and require an Environmental Impact Assessment.

An injunction was therefore granted to avoid pollution until it had been shown that the construction would not have a negative environmental impact in the form of pollution.


 

Full text
Kwanza Estates Ltd. v Kenya Wildlife Services.pdf