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Prof. Wangari Maathai, Pius John Njogu, John F. Makanga (Plaintiffs) v. City Council of Nairobi, Commissioner of Lands, Market Plaza Limited (Defendants)

Country/Territory
Kenya
Type of court
National - higher court
Date
Mar 17, 1994
Source
UNEP, InforMEA
Court name
High Court of Kenya at Nairobi
Judge
Ole Keiwua, M.
Reference number
Civil Case No. 72 of 1994
Language
English
Subject
Legal questions, Land & soil
Keyword
Access-to-justice Legal proceedings/administrative proceedings Land-use planning
Abstract
The plaintiffs sued the defendants and seeking, inter alia, an injunction to restrain the third defendant from selling or carrying out any construction work upon a particular parcel of land, due to its alleged illegal acquisition. The third defendant challenged the standing of the plaintiffs to bring the action. The court held that the plaintiffs had no locus standi to seek the injunctive relief as they did not have sufficient interest to bring the action. The court established that section 222 of the Local Government Act 1972, only allowed the Attorney-General to sue on behalf of the public for the purpose of preventing public wrongs. A private individual could not do so on behalf of the public, though it might be able to do so if it would sustain particular injury as a result of a public wrong. However, the courts had no jurisdiction to entertain such claims by private individuals who had not suffered and were not likely to suffer damage.
Full text
Jud.Dec.Nat.pre.pdf
Available in
UNEP/UNDP/Dutch Government Joint Project on Environmental Law and Institutions in Africa, Compendium of Judicial Decisions on Matters related to Environment, National Decisions, Volume I, Page 19