[2001] KEHC 844 (KLR)

[2001] KEHC 844 (KLR)

The court held that compliance with the Environmental Management and Co-ordination Act No 8 of 1999 is mandatory for any project likely to impact the environment, regardless of compliance with older statutes such as the Mining Act Cap 306. The defendant failed to demonstrate submission of the required project report and Environmental Impact Assessment to the National Environment Management Authority as prescribed by section 58 of the Act. The court found that the plaintiffs, as inhabitants of the affected area, have standing to bring the action even without proprietary interest, given the broad locus standi provisions of the environmental statute. The court emphasized that environmental...

Citation
[2001] KEHC 844 (KLR)
Parties
Plaintiff: Rodgers Muema Nzioka & 2 Others; Defendant: Tiomin Kenya Limited
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
21 September 2001
Case Number
Civil Case 97 of 2001
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Outcome
injunction granted
Legal Topics
Environmental Impact Assessment, Injunctive Relief, Statutory Compliance, Public Participation, Land Use Change, Compensation for Land
Source Language
English
Environmental Law Land and Property Civil Procedure Environmental Impact Assessment Injunctive Relief Statutory Compliance Public Participation Land Use Change +1 more

Case Brief

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Parties

Rodgers Muema Nzioka & 2 Others

Plaintiff

Tiomin Kenya Limited

Defendant

Procedural Posture

Civil Case / Ruling on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the defendant has complied with statutory requirements under the Environmental Management and Co-ordination Act No 8 of 1999 before commencing mining activities.
  2. 2 Whether the plaintiffs have locus standi to bring an environmental claim despite alleged lack of proprietary interest.
  3. 3 Whether an injunction should issue to restrain the defendant from mining activities pending compliance with environmental law.

Ratio Decidendi

The court held that compliance with the Environmental Management and Co-ordination Act No 8 of 1999 is mandatory for any project likely to impact the environment, regardless of compliance with older statutes such as the Mining Act Cap 306. The defendant failed to demonstrate submission of the required project report and Environmental Impact Assessment to the National Environment Management Authority as prescribed by section 58 of the Act. The court found that the plaintiffs, as inhabitants of the affected area, have standing to bring the action even without proprietary interest, given the broad locus standi provisions of the environmental statute. The court emphasized that environmental...

Court Disposition

injunction granted

Orders

  • A prohibitory injunction is issued restraining the defendant from undertaking any mining activities in Kwale District until full compliance with the Environmental Management and Co-ordination Act No 8 of 1999 is demonstrated.
  • Costs of the application are awarded to the plaintiffs.