Ecolex Logo
El portal del
derecho ambiental
Resultados de la búsqueda » Jurisprudencia

Gerick Kenya Limited v National Environment Management Authority

País/Territorio
Kenya
Tipo de la corte
Nacional - corte superior
Fecha
Jun 5, 2015
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court
Sede de la corte
Kisii
Juez
Okong'o S.
Número de referencia
No. 17 of 2015
Idioma
Inglés
Materia
Especies silvestres y ecosistemas, Tierra y suelos
Palabra clave
Manejo de tierras Zonas húmedas
Resumen

In this case, the plaintiff challenged the environmental restoration order which command him to stop any construction on the land parcel on which he was building a petrol filling station for which he had received an environmental impact assessment license. The order was issued on the ground that the applicant had concealed from the environmental impact assessment procedure that his project was not compatible with the surrounding area which is a wetland.

The plaintiff challenged the environmental restoration order on the basis that the National Environment Management Authority (NEMA) exceeded its power by cancelling an environmental impact assessment license already issued and that the restoration order could not be effective so long the license was still valid.

The judge of the high court held that the argument of the plaintiff was receivable but that he could not judge the application for environmental license on its merits but only to the preliminary objections. As a result, the court called for the parties not to take any actions before the final hearing.

Texto completo
Gerick Kenya Limited v National Environment Management Authority.pdf
kenyalaw.org