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JudgmentFRANCIS AWINO VS State Law Office AND Ministry of Environment and Forestry AND 2 Others1 min read

FRANCIS AWINO VS State Law Office AND Ministry of Environment and Forestry AND 2 Others

High Court at Milimani High Court · · Bahati Mwamuye MBS

  1. Vide Directions issued on 04/12/2024, the Petitioner was directed to appear today before this Judge, ex parte, to address the Court on the question of jurisdiction.
  2. While the Petitioner concedes that the Petition revolves around Article 42 of the Constitution and the right to a clean and healthy environment, and further that the Petition seeks to compel the National Environmental Management Authority (NEMA) to take certain steps with regard to the impugned Environmental Impact Assessment, the Petitioner nevertheless contends that the questions at issue are of constitutional disputes and human rights, and thus within the jurisdiction of the High Court.
  3. The Court has perused the Petition dated 18/10/2024 and I have heard the oral arguments of the Petitioner acting in person, and I am satisfied that the Petition herein addresses matters that fall within either the jurisdiction of the Environment and Land Court or the National Environment Tribunal, but not the High Court.
  4. Article 165(5)(b) excludes from the jurisdiction of the High Court matters falling within the jurisdiction of the Environment and Land Court. Furthermore, under Section 13 of the Environment and Land Court Act, that Superior Court of Equal Status has the requisite original and appellate jurisdiction to deal with the questions raised in the Petition; if the same are not issues to be canvassed before the National Environment Tribunal first, and with the Environment and Land Court thereafter sitting on appeal.
  5. Consequently, the Petition herein is struck-out for want of jurisdiction, with no orders as to costs. File Closed Accordingly.

    Dated, Signed, and Delivered on 5th October, 2024 in court session, in the Presence of the Petitioner, Francis Awino, acting in person.                  Court Assistant - Mr. Guyo

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