Original language

English

Country
Kenya
Date of text
Type of court
National - higher court
Sources
InforMEA
Court name
High Court
Seat of court
Nairobi
Reference number
JR Case No.251 of 2011
Tagging
Liability, Criminal, Contract, Cooperation, Inspections, Remedies, Constitutional, Civil, Jurisdiction, Standing
Free tags
Environment gen.
Legal questions
Files
Republic v National Environment Management Authority & Kisia & City Council Of Nairobi.pdf
Justice(s)
W. K. KORIR
Abstract

The issue in the case was whether the City Council of Nairobi and the National Environment Management Authority (NEMA) held complimentary roles under the Environmental Management and Co-ordination Act regarding coordination, enforcement and environmental protection.  There was also a question of whether NEMA could take action against a lead agency preserving and protecting the environment when the agency had failed to comply with directives given by NEMA, and the same for the City Council.

The Court concluded that NEMA did have a mandate to exercise general supervision and coordination, and there was a duty for agencies to cooperate with NEMA. Therefore NEMA also had an obligation to make sure directives were followed.

The Court therefore allowed the application, but with no order as to costs.