[2019] KEELC 2703 (KLR)
The court found that the applicants had demonstrated lack of means to pay the required court fees and that the alleged violation concerned fundamental rights protected under Chapter Four of the Constitution. Given the constitutional guarantee of the right to a clean and healthy environment and the statutory mandate...
Source-derived case information.
- Citation
- [2019] KEELC 2703 (KLR)
- Parties
- Applicant: Martin Wanyonyi (C.E.O Western Kenya Legal Aid Organization); Applicant: John Wekesa Khaoya (C.E.O Centre for Human Rights Organization); Respondent: County Government of Bungoma; Respondent: C.E.C Member, Environment, Water & Natural Resources; Respondent: County Secretary, County Government of Bungoma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 8 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Exemption From Court Fees
- Outcome
- application allowed
- Legal Topics
- Right to Clean Environment, Court Fee Exemption, Public Interest Litigation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Martin Wanyonyi (C.E.O Western Kenya Legal Aid Organization)
Applicant
John Wekesa Khaoya (C.E.O Centre for Human Rights Organization)
Applicant
County Government of Bungoma
Respondent
C.E.C Member, Environment, Water & Natural Resources
Respondent
County Secretary, County Government of Bungoma
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Exemption From Court Fees
Legal Issues
- 1 Whether the applicants should be exempted from paying court fees to file a petition alleging environmental rights violations.
- 2 Whether the applicants have demonstrated lack of means to pay court fees.
- 3 Whether the alleged environmental violation falls under the Bill of Rights.
Ratio Decidendi
The court found that the applicants had demonstrated lack of means to pay the required court fees and that the alleged violation concerned fundamental rights protected under Chapter Four of the Constitution. Given the constitutional guarantee of the right to a clean and healthy environment and the statutory mandate of the Environment and Land Court to address such violations, the court held that it was just and proper to exempt the applicants from paying court fees to enable them to pursue their petition. The court emphasized access to justice for environmental rights claims, especially where public interest and the Bill of Rights are implicated.
Court Disposition
application allowed
Orders
- The applicants are exempted from paying court fees for the intended petition against the respondents.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA
MISCELLANEOUS APPLICATION NO. 8 OF 2019
MARTIN WANYONYI
(C.E.O WESTERN KENYA LEGAL AID ORGANIZATION).............1ST APPLICANT
JOHN WEKESA KHAOYA
(C.E.O CENTRE FOR HUMAN RIGHTS ORGANIZATION)............2ND APPLICANT
VERSUS
COUNTY GOVERNMENT OF BUNGOMA.......................................1ST RESPONDENT
C.E.C MEMBER
ENVIRONMENT, WATER & NATURAL RESOURCES.................2ND RESPONDENT
COUNTY SECRETARY
COUNTY GOVERNMENT OF BUNGOMA.....................................3RD RESPONDENT
R U L I N G
By their Notice of Motion dated 27th June 2019 citing Articles 22(1) 22(3)(c) and 22(4) of the constitution, the Applicants seek the main prayer that this Court exempts them from paying the Court fees to enable them file a Petition against Respondents. It is their case that the 3rd Respondent has grossly violated the URBAN AREAS CITIES ACT by carrying out dumping in a site which will injure the rights of the MUANDA COMMUNITYinLUMORO VILLAGE. The said COMMUNITY is likely to suffer from infections due to the pollution of the environment.
I have considered the application which is ex – parte.
Article 42 of the Constitution provides that every person has the right to a clean and healthy environment.
Article 70 of the Constitution provides further that any person has a right to apply to this Court alleging that a right to a clean and healthy environment recognized and protected under Article 42 has been or is likely to be denied, violated, infringed or threatened.
Section 13 of the Environment and Land Court also allows this Court to consider application for redress of a denial violation or infringement of a right relating to the environment.
The Applicants, upon my enquiry, have shown that they have no means to pay the fees. The alleged violation is among those protected under the Bill of Right CHAPTER FOUR OF THE CONSTITUTION.
In the circumstances, I allow the application dated 27th June 2019.
Boaz N. Olao.
J U D G E
4th July 2019.
Ruling dated, delivered and signed in Open Court this 4th day of July 2019 at Bungoma.
Applicant present
Joy – Court Assistant
Boaz N. Olao.
J U D G E
4th July 2019.