Isaac Gitoho & 2 others (suing as the Chairman, Vice- Chairman and Committee member respectively of the Runda Association) v Director General, Nema & another [2017] KEELC 1024 (KLR)
The bottom line
#Kenya's Environment & Land Court dismissed the Runda Association's challenge, confirming the developer's EIA licence and that public participation requirements were met.
What this practically means
#Executive summary
#Key legal issues
#Public participation in the EIA process
There was adequate public participation: the Association was aware, met the company, raised concerns that were addressed, and the public was notified by newspaper and Gazette
The court found evidence of meetings between the company and Association officials and sub-committees, newspaper and Gazette notices, and questionnaires. The company even arranged a members' meeting that failed to materialise. The proponent's duty is to inform affected persons and give them an opportunity to comment, not to solicit views. Githogoro residents were informed and did not raise issues.
Effect of non-compliance with regulatory requirements (radio announcements, three meetings)
Non-compliance with the radio announcement requirement was not fatal because the affected persons were aware of the project through other means
Applying Project Blue Sky and Regina v Soneji, the court held the test is whether the legislation intended that an act done in breach should be invalid, focusing on consequences of non-compliance rather than the mandatory/directory distinction. Radio announcements serve to inform; since affected persons were informed otherwise, insisting on them would be absurd.
Whether the site was a wetland or source of a stream
The site was not a wetland and no stream emanated from it; the Tribunal's finding was correct
Dr Abira, a wetlands expert, found no wetland or stream; the Association's hydrologist disappeared without completing his evidence, and Ms Kahumbura contradicted herself and refused a second site visit. The Tribunal's own site visit found no stream. Residents testified the water in trenches was run-off and unfit for consumption. Expert evidence unchallenged by other expert evidence stands.
Legal principles established
#- Public participation requires that affected persons be informed of a project and given an opportunity to comment; whether they choose to participate is another matter
- Where residents have formed an association and elected officials, consultation of the officials suffices as public participation
- Validity of an act done in breach of a statutory provision depends on whether the legislation intended invalidity, not on the mandatory/directory distinction
- An expert witness may be called by either party and may only be challenged by another expert; absence of a written report does not vitiate expert evidence
Court orders
#- 1.The appellants' appeal is dismissed in its entirety
- 2.Each party to bear its own costs
- On appeal from
- National Environment Tribunal
- NET/143 of 2015
- Jurisdiction invoked
- Statutory appeal from the National Environment Tribunal under the Environmental Management and Co-ordination Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Gichohi & another v Bajuun Properties Ltd & 2 others (Environment and Land Case E049 of 2023) [2026] KEELC 5146 (KLR)[2026] KEELC 5146 (KLR)31 Jul 2026
- Luo Council of Elders & 8 others v County Government of Bomet & 24 others [2018] KEELC 1369 (KLR)[2018] KEELC 1369 (KLR)19 Oct 2018
Cite this brief
#Cite this brief
Caselaw, "Isaac Gitoho & 2 others (suing as the Chairman, Vice- Chairman and Committee member respectively of the Runda Association) v Director General, Nema & another [2017] KEELC 1024 (KLR)", Case Analysis (2017). ELC Case No. 50 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/1024/eng@2017-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.