[2007] KEHC 2965 (KLR)

[2007] KEHC 2965 (KLR)

The High Court held that the right of appeal from a tribunal's decision is reserved for parties to the original proceedings who possess legal capacity. The majority of the appellants were unincorporated organizations lacking legal personality and thus could not institute the appeal. The second appellant, though a statutory body with legal capacity, failed to provide a valid board resolution authorizing the appeal, as required by law and prior court order. Furthermore, the status of the appellants as interveners or interested parties before the tribunal did not confer upon them the right to appeal. The court emphasized that allowing all complainants or interested parties to appeal would...

Citation
[2007] KEHC 2965 (KLR)
Parties
Appellant: Kiserian Isinya Pipeline Road Resident Association (KIPRRA); Appellant: Kenya Wildlife Services (KWS); Appellant: Kitengela Ilparakuwo Landowners Association; Appellant: Friends of the Nairobi National Park (FONNAP); Appellant: The Wildlife Foundation; Appellant: Dupoto E. Maa; Appellant: Simba Maasai Outreach Organization (SIMOO); Respondent: Jamii Bora Charitable Trust; Respondent: Jamii Bora Charitable Trust Registered Trustees
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
21 March 2007
Case Number
Civil Appeal 307 of 2006
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal
Outcome
Appeal struck out as incompetent with costs to the respondents.
Judges
ARM Visram
Legal Topics
Locus Standi, Capacity to Sue, Appeals From Tribunals, Environmental Impact Assessment, Interested Parties, Corporate Personality
Source Language
English
Civil Procedure Environmental Law Locus Standi Capacity to Sue Appeals From Tribunals Environmental Impact Assessment Interested Parties Corporate Personality

Case Brief

Summary, issues, holding and outcome

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Parties

Kiserian Isinya Pipeline Road Resident Association (KIPRRA)

Appellant

Kenya Wildlife Services (KWS)

Appellant

Kitengela Ilparakuwo Landowners Association

Appellant

Friends of the Nairobi National Park (FONNAP)

Appellant

The Wildlife Foundation

Appellant

Dupoto E. Maa

Appellant

Simba Maasai Outreach Organization (SIMOO)

Appellant

Jamii Bora Charitable Trust

Respondent

Jamii Bora Charitable Trust Registered Trustees

Respondent

Procedural Posture

Civil Appeal / Ruling on Preliminary Objection Regarding Competence of Appeal

Legal Issues

  1. 1 Whether the appellants, except the second appellant, have legal capacity to file the appeal.
  2. 2 Whether the appellants, not having been parties before the lower tribunal, have locus standi to appeal.
  3. 3 Whether the second appellant demonstrated proper board authorization to institute the appeal.

Ratio Decidendi

The High Court held that the right of appeal from a tribunal's decision is reserved for parties to the original proceedings who possess legal capacity. The majority of the appellants were unincorporated organizations lacking legal personality and thus could not institute the appeal. The second appellant, though a statutory body with legal capacity, failed to provide a valid board resolution authorizing the appeal, as required by law and prior court order. Furthermore, the status of the appellants as interveners or interested parties before the tribunal did not confer upon them the right to appeal. The court emphasized that allowing all complainants or interested parties to appeal would...

Court Disposition

Appeal struck out as incompetent with costs to the respondents.

Orders

  • The appeal is struck out with costs to the respondents.
  • Any interim orders herein are hereby vacated.