[2020] KEHC 5879 (KLR)
The High Court lacks jurisdiction to hear and determine judicial review proceedings relating to environmental matters, as such jurisdiction is exclusively conferred upon the Environment and Land Court by the Constitution and statute. Since the applicants' grievance concerns the right to a clean and healthy...
Source-derived case information.
- Citation
- [2020] KEHC 5879 (KLR)
- Parties
- Applicant: Bruno Illi; Applicant: Baliga Limited; Applicant: David Mambo; Applicant: Raphael Njuguna; Applicant: Daniel Kiaraho; Respondent: Director General, National Environment Management Authority; Respondent: PowerChina International Group Limited; Respondent: Fred Aronya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 107 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Application for Leave and Transfer of Suit
- Outcome
- suit transferred to the Environment and Land Court at Nairobi for further hearing and determination
- Judges
- P Nyamweya
- Legal Topics
- Jurisdiction of Environment and Land Court, Transfer of Suit, Public Participation Guidelines, Judicial Review Leave
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruno Illi
Applicant
Baliga Limited
Applicant
David Mambo
Applicant
Raphael Njuguna
Applicant
Daniel Kiaraho
Applicant
Director General, National Environment Management Authority
Respondent
PowerChina International Group Limited
Respondent
Fred Aronya
Respondent
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Application for Leave and Transfer of Suit
Legal Issues
- 1 Whether the High Court has jurisdiction to hear judicial review proceedings relating to environmental matters.
- 2 Whether the suit should be transferred to the Environment and Land Court for determination.
Ratio Decidendi
The High Court lacks jurisdiction to hear and determine judicial review proceedings relating to environmental matters, as such jurisdiction is exclusively conferred upon the Environment and Land Court by the Constitution and statute. Since the applicants' grievance concerns the right to a clean and healthy environment and the impugned guidelines relate to environmental assessment procedures, the matter falls squarely within the purview of the Environment and Land Court. Consequently, the suit was erroneously filed in the High Court and must be transferred to the Environment and Land Court for further hearing and determination.
Court Disposition
suit transferred to the Environment and Land Court at Nairobi for further hearing and determination
Orders
- This suit is transferred to the Environment and Land Court at Nairobi for further hearing and determination.
- The Applicants’ Chamber Summons dated 20th May 2020 shall be placed before the Duty Judge at the Environment and Land Court at Nairobi on 26th May 2020 for directions.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISC. APPLICATION NO. 107 OF 2020
BETWEEN
BRUNO ILLI..........................................................................1ST APPLICANT
BALIGA LIMITED...............................................................2ND APPLICANT
DAVID MAMBO....................................................................3RD APPLICANT
RAPHAEL NJUGUNA..........................................................4TH APPLICANT
DANIEL KIARAHO.............................................................5TH APPLICANT
VERSUS
THE DIRECTOR GENERAL, NATIONAL
ENVIRONMENT MANAGEMENT AUTHORITY.....1ST RESPONDENT
POWERCHINA INTERNATIONAL
GROUP LIMITED..........................................................2ND RESPONDENT
FRED ARONYA...............................................................3RD RESPONDENT
RULING
Introduction
1. The application before the Court for hearing is the Applicants’ Chamber Summons dated 20th May 2020, seeking leave to commence judicial review proceedings against the Respondents with respect to the 1st Respondent’s Guidelines on the conduct of public participation for EIA, EA and SEA during the period of coronavirus (COVID-19). The Applicants grievance is with regards to the effect of the said Guidelines on their right to a clean and healthy environment.
2. I note that the Applicants pleadings indicate that this suit was to be filed in the Judicial Review Division of the Environment and Land Court, and was therefore erroneously filed in the Judicial Review Division of the High Court. In addition, the Applicants are seeking leave to bring judicial review proceedings in relation to the environment, which falls within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act.
The Orders
1. In the premises I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The Applicants’ Chamber Summons dated 20th May 2020 shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at Nairobi on 26th May 2020, for directions.
2. The Deputy Registrar of this Court shall send a copy of this ruling by electronic mail to the Applicants, and to the Deputy Registrar of the Environment and Land Court at Nairobi, by close of business on 21st May 2020.
3. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF MAY 2020
P. NYAMWEYA
JUDGE