Original language
English
Country
Kenya
Date of text
Status
Unknown
Type of court
Others
Sources
Court name
National Environment Tribunal at Nairobi
Seat of court
Nairobi
Justice(s)
Kaniaru, D.
Mumma, J.
Waudo, S.
Njihia, J.
Abstract
The Appellants appealed against the 1st Respondents, NEMAs approval, authorizing the 1st respondent to develop a Metal Fabricating Workshop in Elgon View Estate, Eldoret. The grounds given for appeal were that the industry would interfere with the residents quiet occupation of their residences and that it was likely to emit fumes and make a lot of noise. They also added that the area where the industry was proposed to be built was a residential area and that the industry, if permitted, would be a nuisance to the residents. The first Respondent NEMA in objection to the above stated that it was the responsibility of the Municipal council through its planning department to designate areas for development, and therefore as a distinct body had no control over the council. Under the Environmental Management and Coordination Act, NEMA would be authorized to deal with the facility if and when it would emit fumes and noise. The second respondent stated that they had notified all relevant parties living close to the development and further acquired their approval. They further stated that the appellants had failed to show any damage they stood to suffer. In the Tribunals view, the central issue was whether the development of a workshop in the Elgon View area would introduce adverse environmental effects that could not be mitigated through appropriate measures stipulated in the EIA project report. In this regard they noted that the 2nd Respondent had planned to plant trees all round the property to mitigate the aesthetic impact complained about by the Appellant. They found that the appeal failed and subsequently affirmed that the 1st Respondents approval and subsequent issuance of the EIA licence; The 2nd Respondent was at liberty to proceed with the development to completion.