Country
Kenya
Sources
InforMEA
Tagging
Environmental Impact Assessments, Property, Audits, Licences, Constitutional, Contract, Human Rights, Evidence, Wildlife, Jurisdiction
Abstract

The Petition is essentially about the protection and enforcement of the basic, fundamental and human right to property. The Petition focuses on the rather inalienable right to just compensation when the State has to deprive a person of his property. The other right which the Petition calls to scrutiny is the right to a clean and healthy environment.

The Petitioner is the elected member of Parliament for Kibwezi West Constituency. He is also a landowner within his constituency. He pleads having brought the Petition on behalf of both himself and his constituents whom he represents in the National Assembly.

The 1st Respondent, the National Land Commission, is a constitutional commission. The 2nd Respondent, the Kenya Railways Corporation, is a state corporation. The 3rd Respondent the National Environment Management Authority is statutory body enjoined with the responsibility of integrating the environment.

According to the Court, the petition must be dismissed. The Court is unable to return the verdict sought by the Petitioner that there are violations or threatened violations of the Constitution. No sufficient evidence has been tendered by the Petitioner, who had the burden, to show that the Constitution have been violated. On the contrary, the Respondents have availed sufficient evidence to confirm that in matters environment the relevant provisions of the Constitution and other relevant legislation were observed.

(Source: Kenya law http://kenyalaw.org/caselaw/cases/view/120478/, last accessed 16-05-2018)