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Kenya decisions
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Nzomo v National Environment Management Authority & 2 others [2025] KEELC 138 (KLR)
The court dismissed a constitutional petition over alleged noise pollution from a club in New Kitisuru, finding insufficient proof of rights violations.
Ondieki v Njoroge & 2 others [2024] KEELC 6056 (KLR)
The court dismissed a land and sewer-line dispute, finding the plaintiff failed to prove private ownership of the affected utility area and had obstructed the sewer line herself.
Kindiki v Christian Foundation Fellowship Church Mpakone through its Registered Trustees & 5 others [2024] KEELC 6063 (KLR)
The court found that church noise near the petitioner’s home violated his right to a clean and healthy environment and granted declaratory and injunctive relief.
Mallo & another v Nairobi City County & another [2024] KEELC 5240 (KLR)
The court issued a status quo order stopping further construction on Plot No. 36/1/790 Eastleigh pending determination of the petition.
Amani Residents Welfare Association/Mirema) (Suing on behalf of the Resident of Mirema Estate, Nairobi) v Senteu t/a Cocorico Wines & 5 others [2024] KEELC 5172 (KLR)
The court found that noise and waste from entertainment venues and a church in Mirema Estate violated residents’ rights to property and a clean environment.
Jaygee Limited & another v Githome t/a The Wine & Bottle Bar & Grill & 2 others [2024] KEELC 558 (KLR)
The court held it had jurisdiction over alleged environmental-rights violations, allowed representative notice to affected residents, but refused a temporary injunction.
Amani Residents Welfare Association/Mirema (Suing on Behalf of the Residents of Mirema Estate, Nairobi) v Mark Senteu t/a Cocorico Wines & 5 others [2023] KEELC 22651 (KLR)
The court granted conservatory orders over noise and sewer complaints in Mirema Estate, found the association had standing, and held exhaustion did not bar the petition.
Kenya Power & Lighting Company v Kinyanjui (Suing as the Legal Representative of the Estate Victor Chege Wairimu) & another [2023] KEHC 2176 (KLR)
The High Court dismissed Kenya Power’s appeal over a fatal electrocution claim, upholding liability and damages awarded against the utility and a co-defendant.
Kimani & another v National Environment Management Authority (NEMA) & another [2022] KENET 705 (KLR)
The tribunal found that the applicants had established a prima facie case with a probability of success, demonstrated irreparable injury due to ongoing noise pollution and nuisance, and that the balance of convenience favored granting the injunction. The evidence showed that the 2nd respondent was operating a bar/club and playing loud music in breach of the EIA license conditions and environmental regulations, causing significant harm to the applicants and their family. The 2nd respondent failed to rebut the applicants' evidence of non-compliance and nuisance. The tribunal held that the appli…
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Denvic Property Managers Limited v National Environmental Management Authority & another; Export Processing Zone Authority, Machakos County Government, Department of Environment and Natural Resources, Mavoko Water & Sewerage Company, Greatwall Gardens Limited & Erdemann Property Limited(Interested Parties) [2021] KENET 651 (KLR)
The Tribunal found that it has jurisdiction to hear the appeal under section 129(2) of the Environmental Management and Co-ordination Act (EMCA) because the Appellant's grievance is based on the 1st Respondent's failure to act on complaints of environmental pollution. The Tribunal relied on the statutory definition of 'decision' and 'failure' under the Fair Administrative Action Act, as well as its own precedent in NET 15/2018, to hold that inaction by the authority is reviewable. However, the Tribunal declined to grant the interlocutory orders sought by the Appellant, noting that the allegat…
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