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Sylvia C. Endere (Plaintiff) versus Karen Roses Ltd (Defendant)

País/Territorio
Kenya
Fecha
Mar 31, 2006
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Kenya at Nakuru
Juez
Kimaru, L. J
Número de referencia
Civil Case 298 of 2005
Resumen

Introduction:

The plaintiff filed suit seeking order of permanent injunction to restrain the defendant, a commercial farmer, from excavating, constructing, directing or channeling storm water, waste water, or any other substances into the plaintiff’s dam or in the grounds of a nearby primary school. The plaintiff argued that this activity would pollute her source of water to the detriment of her livestock, poultry and the surrounding environment. The defendant opposed the application. She contended that she was requested by members of the primary school to desilt the dam situated in the school compound which had become heavily silted and therefore was no longer serving as a reservoir for water use by the community.

Legal Framework:

The Environmental Management and Coordination Act section 3, 58-68, Second Schedule paragraph 4  (Act No. 8 of 1999).

Held:

The court concluded that no environmental impact assessment had been prepared nor had the approval of the National Environmental Management Authority been sought before the dam at the primary school had been desilted by the defendant. This was a requirement according to the Environmental Management and Coordination Act. Furthermore, the defendant was required by law to consult all the parties likely to be affected by the said dam before it undertook the rehabilitation of the dam.

In these circumstances the court held that the plaintiff had established a prima facie case as to entitle her to the order of injunction sought pending the hearing and determination of the suit.

Texto completo
Civil_Case_No_298_of_2005.pdf
kenyalaw.org
Página web
kenyalaw.org