Syokimau Residents Association & 3 others v National Environmental Management Authority; Endmor Steel Millers Limited & another (Interested Party) (Environment and Land Miscellaneous Application E012 of 2021) [2022] KEELC 2245 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed residents to pursue mandamus forcing NEMA to enforce an environmental tribunal judgment, but refused to halt licence renewals.
What this practically means
#Executive summary
#Key legal issues
#Whether the court lacks jurisdiction because EMCA vests special jurisdiction in the Tribunal
The court has jurisdiction under Section 13 of the Environment and Land Court Act; the suit is not a back-door appeal but a mandamus application to enforce a NET judgment.
The court distinguished between appealing a Tribunal decision and compelling a public body to implement it. The Applicants seek mandamus to compel the Respondent to carry out emission tests in compliance with the NET judgment, not to overturn it. The court held jurisdiction vests in it under Section 13 of the Environment and Land Court Act.
Whether the suit is time-barred and whether leave is required for judicial review
The suit is not statute-barred; under the FAA Act and Article 47 no leave is required, and no timelines are prescribed; in any event the Applicants were entitled to leave.
Relying on Section 11(a) and (f) of the Fair Administrative Action Act and Article 47, the court found that no timelines are provided for such applications, so the limitation objection fails. Although leave is not required under the FAA Act, the court held the Applicants were entitled to leave since they had sought it, the application merely seeking enforcement of a NET judgment.
Whether the Applicants have locus standi
The Applicants have locus standi in accordance with Article 22 of the Constitution.
The 1st Interested Party had argued the 1st Applicant lacked capacity and the ex parte Applicants were merely interested parties in the earlier proceedings. The court disagreed, grounding standing in Article 22 of the Constitution and Section 3(3) of EMCA as cited by the Applicants.
Whether leave should operate as a stay
Stay declined; the Applicants failed to demonstrate prejudice or the licensing position of the 1st Interested Party.
The court noted the Applicants sought that leave operate as a stay of any decision to renew EIA and Stack Emission Licenses. From the verifying affidavit, the Applicants did not show what prejudice they would suffer absent a stay, nor did they explain the current status of the 1st Interested Party's licenses. The court therefore declined the stay order.
Legal principles established
#- Under the Fair Administrative Action Act and Article 47 of the Constitution, a party does not require leave to institute proceedings for judicial review; the FAA Act provisions on such applications do not prescribe limitation timelines.
- Judicial review is concerned with the process, not the merits, of a decision.
Court orders
#- 1.The two Notices of Preliminary Objection dated 5th July 2021 and 6th July 2021 are dismissed as unmerited
- 2.Leave granted to the Applicants to file and serve the substantive motion on Judicial Review within 21 days
- 3.Prayer that leave operate as a stay of any decision to renew Environmental Impact Assessment and Stack Emission Licenses declined
- 4.Costs in the cause
- Jurisdiction invoked
- Section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Syokimau Residents Association & 3 others v National Environmental Management Authority; Endmor Steel Millers Limited & another (Interested Party) (Environment and Land Miscellaneous Application E012 of 2021) [2022] KEELC 2245 (KLR)", Case Analysis (2022). Not stated in the extract (Chamber Summons Application dated 14th June 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2245/eng@2022-05-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.