Rwanyange Resident Self Help Group (suing thro’ Charles Kariuki, Nick Mutiga, its Chairman and Secretary respectively v Tana Water Services Board & 3 others [2019] KEELC 859 (KLR)
The bottom line
#A Kenyan court paused a sewerage project for lacking an environmental licence, but once the licence was obtained, residents had to challenge it through NEMA's process, not court.
What this practically means
#Executive summary
#Key legal issues
#Whether the constitutional petition should continue after issuance of an EIA license
The petition was marked as spent and the interim injunction discharged, with the parties left to pursue the licensing regime under EMCA for challenges to the study report and license
The court had earlier granted a temporary injunction because the project proponents lacked an EIA license. With the license now issued on 27.9.2019, NEMA is involved. The court held that challenges to the completeness and scientific sufficiency of the study report fall under the EMCA licensing regime in the first instance, while retaining its own jurisdiction over public participation and environmental rights.
Allocation of costs despite the petition being marked spent
Costs were awarded against the respondents because they had no EIA license when the matter was filed
Although the petition was marked spent and the injunction discharged, the court found the respondents' initial non-compliance with the EIA requirement justified condemning them to costs, since the suit was precipitated by their failure to obtain the license before commencing the project.
Legal principles established
#- A court may refer an environmental dispute to the dispute resolution mechanism under EMCA once respondents demonstrate compliance with the licensing regime
- Scientific sufficiency of an EIA study report is a matter for the licensing regime in the first instance, even where the court has jurisdiction over environmental matters
Court orders
#- 1.The Petition is marked as SPENT
- 2.The earlier orders of injunction issued on 31.7.2019 are discharged
- 3.The respondents are condemned to pay the costs of the petition as they had no license when the matter was filed
- 4.For purposes of any litigation under EMCA as well as compliance with the set timelines, time shall run from the date of delivery of the ruling
- Jurisdiction invoked
- Articles 19, 20, 22, 23, 24, 42, 69 and 70 of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Mavoko Water & Sewerage Company Limited v Safaricom Staff Pension Scheme Registered Trustees & another [2022] KEELC 422 (KLR)[2022] KEELC 422 (KLR)20 Apr 2022
Cite this brief
#Cite this brief
Caselaw, "Rwanyange Resident Self Help Group (suing thro’ Charles Kariuki, Nick Mutiga, its Chairman and Secretary respectively v Tana Water Services Board & 3 others [2019] KEELC 859 (KLR)", Case Analysis (2019). Petition No. 7 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/859/eng@2019-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.