Makueni County Assembly v National Environment Management Authority & 3 others;Mbooni Development Group & 5 others (Interested Parties) [2021] KEELC 2745 (KLR)
The bottom line
#Kenya's Environment and Land Court cancelled a community's legal costs bill, recognising its forest-protection case as genuine public interest litigation.
What this practically means
#Executive summary
#Key legal issues
#Whether the order as to costs in the judgment of 13th June 2019 should be reviewed on the ground that the petition was public interest litigation
The court allowed the review, vacating the costs order, holding that the petition was filed in a representative capacity on behalf of the people of Mbooni South with a bona fide intention to conserve the forest for the community's benefit.
Applying the Mumo Matemu exposition of public interest litigation and Mativo J's test in Brian Asin, the court examined whether the petition was brought bona fide without extraneous motives. It found the petition was filed in a representative capacity for the people of Mbooni South, alleging infringement of Articles 42 and 69 through unlicensed logging. Although the petition had been defective because the subject forest was not verified, there was a far-sighted intention to conserve the resource for the community, warranting vacation of the costs order.
Legal principles established
#- In public interest litigation, courts have discretion on a case by case basis to evaluate the terms and public nature of the matter vis-à-vis the status of the parties, drawing on Article 259(1).
- A petitioner in public interest litigation must show a bona fide intention devoid of extraneous motives, personal gain, private profit or political or other oblique considerations.
Court orders
#- 1.The judgment delivered on 13th June 2019 is reviewed to vacate the orders as to costs against the Petitioner/Applicant
- 2.The taxation proceedings before the Taxing Officer are terminated with no orders to costs
- Jurisdiction invoked
- Article 50(1) of the Constitution; Sections 80 and 27(1) of the Civil Procedure Act; Order 45 Rules 1, 2 and 3 of the Civil Procedure Rules; Rule 26(3) of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makueni County Assembly v National Environment Management Authority & 3 others;Mbooni Development Group & 5 others (Interested Parties) [2021] KEELC 2745 (KLR)", Case Analysis (2021). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2745/eng@2021-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.