[2005] KEHC 9 (KLR)

[2005] KEHC 9 (KLR)

The High Court lacks jurisdiction under section 130(1) and (2) of the Environmental Management and Co-ordination Act, 1999 to grant a stay of execution or injunction against the decision of the National Environmental Tribunal, even upon hearing an appeal. The proper procedure for moving the court in appeals is set out in Order 41 of the Civil Procedure Rules, which the applicant failed to comply with. The invocation of the court's inherent jurisdiction under section 3A of the Civil Procedure Act is not available where specific procedures exist. Furthermore, the Tribunal's action was merely to lift its own stop order after compliance with regulations, and no enforceable order or decision...

Citation
[2005] KEHC 9 (KLR)
Parties
Appellant: Nakumatt Holdings Ltd; Respondent: National Environmental Management Authority; Respondent: Great Properties Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
16 November 2005
Case Number
Civil Appeal 616 of 2005
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs against the applicant
Legal Topics
Jurisdiction of High Court, Appeals From Tribunal, Stay of Execution, Procedure for Appeals, Inherent Jurisdiction, Environmental Licensing
Source Language
English
Environmental Law Civil Procedure Jurisdiction of High Court Appeals From Tribunal Stay of Execution Procedure for Appeals Inherent Jurisdiction Environmental Licensing

Case Brief

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Parties

Nakumatt Holdings Ltd

Appellant

National Environmental Management Authority

Respondent

Great Properties Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Does the High Court have jurisdiction under section 130(1) and (2) of the Environmental Management and Co-ordination Act, 1999 to grant a stay of execution or injunction against the decision of the National Environmental Tribunal?
  2. 2 Is the application for stay properly before the court in accordance with the Civil Procedure Rules?
  3. 3 Can the inherent jurisdiction of the court under section 3A of the Civil Procedure Act be invoked where specific procedures exist?

Ratio Decidendi

The High Court lacks jurisdiction under section 130(1) and (2) of the Environmental Management and Co-ordination Act, 1999 to grant a stay of execution or injunction against the decision of the National Environmental Tribunal, even upon hearing an appeal. The proper procedure for moving the court in appeals is set out in Order 41 of the Civil Procedure Rules, which the applicant failed to comply with. The invocation of the court's inherent jurisdiction under section 3A of the Civil Procedure Act is not available where specific procedures exist. Furthermore, the Tribunal's action was merely to lift its own stop order after compliance with regulations, and no enforceable order or decision...

Court Disposition

application dismissed with costs against the applicant

Orders

  • The application is dismissed.
  • Costs awarded to the 2nd respondent against the applicant.