Country
Kenya
Date of text
Type of court
National - higher court
Sources
Court name
Land and Environment Court
Seat of court
Nakuru
Reference number
Petition No. 50 of 2013
Link to full text
Justice(s)
Sila M.
Abstract
The petitioner contended that the respondent had built a telecommunication mast with a proper EIA licence and report. The petitioner also argued that the right to a clean and healthy environment had been violated. The judge ordered the licence be investigated under the Kenya Information and Communications Act. The judge also ordered that the base station must be pulled down and the environment restored to the manner that it was before the illegal mast was put up. I therefore issue an environmental restoration order, ordering all the respondents to jointly ensure that the site in dispute is restored back to the manner that it was before the base transmitter station was constructed. I direct that this be done within 30 days.