Jabeth Investment Limited v National Environment Management Authority Kilifi County & another [2020] KEELC 3010 (KLR)
The bottom line
#Kenya's Environment Court refused to review an order returning a hotel's impounded equipment because the regulator waited too long and claimed ignorance of facts it already knew.
What this practically means
#Executive summary
#Key legal issues
#Whether the existence of criminal charges over the impounded equipment constituted new and important matter for review
No - the charges were instituted on 8th October 2018 and the Applicant, as complainant in the criminal case, must have been aware of them when the inter-partes hearing took place on 25th October 2018
The Court found the Applicant could not feign ignorance since the Republic prosecuted through the Applicant itself. The allegation that the Inspector General of Police held the items was made without stating the source of information and did not amount to new evidence that due diligence could not have availed when the orders were made.
Whether the application was brought without unreasonable delay
No - the Applicant was aware of the matter in October 2018 but filed the review application only three months later in January 2019, with no reasonable explanation
The Applicant attributed the delay partly to the Court's November leave and December vacation, but the Court found the explanation insufficient. Undue delay independently disentitled the Applicant from review relief under Order 45 which requires application without unreasonable delay.
Legal principles established
#- An application for review under Order 45 Rule 1 must be clear and specific on the basis upon which it is made
- Review on discovery of new evidence requires proof of due diligence and that the matter was not within the applicant's knowledge
Court orders
#- 1.The 2nd Defendant's Notice of Motion dated 22nd January 2019 seeking review and setting aside of Order No. 3 issued on 25th October 2018 is dismissed
- 2.Costs of the application awarded to the Plaintiff
- Jurisdiction invoked
- Order 45(1) of the Civil Procedure Rules (review of orders of the Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jabeth Investment Limited v National Environment Management Authority Kilifi County & another [2020] KEELC 3010 (KLR)", Case Analysis (2020). Notice of Motion dated 22nd January 2019 (in suit before the Environment and Land Court, Malindi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3010/eng@2020-04-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.