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Okiya Omtatah Okoiti & 2 others v Attorney General & 3 others [2014] eKLR

Country/Territory
Kenya
Type of court
National - higher court
Date
Nov 21, 2014
Source
UNEP, InforMEA
Court name
High Court of Kenya
Seat of court
Nairobi
Judge
Lenaola I.
Reference number
No. 58 of 2014
Subject
Waste & hazardous substances, Environment gen., Land & soil
Abstract

The Petitioners filed the consolidated Petitions challenging the legality and constitutionality of the construction of the Standard Gauge Railway (hereinafter project the “SGR project”) in Kenya although the project is intended to benefit the larger East African Community. In their respective Petitions, they were seeking various reliefs for breaches of the Constitution and the law in implementing the said project. It is in the 3rd Petitioner’s further submission that the 2nd Respondent failed to undertake a mandatory Environmental Impact Assessment (EIA) as provided for under Section 58 and 69 of the Environment Management and Coordination Act and in the circumstances construction of the SGR without on EIA will violate the citizens’ right to a clean environment as provided for under Article 42 of the Constitution. It was thus the 3rd Petitioner’s view that the SGR project is not ecologically sustainable as envisaged under Article 69(2) of the Constitution and should be stopped. The petitions where dismissed with costs.

Full text
pdf
Website
kenyalaw.org