Ndambiri & another v Nairobi Metropolitan Services & 6 others; Harambee Sacco & Co-operative Society Limited & 6 others (Interested Parties)
The bottom line
#Kenya's Environment and Land Court halted a Parklands high-rise development, ruling residents' environmental rights outweighed developers' approved permits.
What this practically means
#Executive summary
#Key legal issues
#Whether the Petition offends the Anarita Karimi Njeru principle of particularity
The Petition satisfied the principle of specificity; the violated and threatened rights were clearly pleaded.
The Petitioners alleged infringement of the right of access to information, right to a clean and healthy environment under Article 42, and fair administrative action under Article 47, and stipulated the facts grounding the Petition. The court found the facts and issues clear, including the allegedly violated and threatened rights and freedoms, so the particularity requirement was met.
Whether the court lacks jurisdiction given the pending NET Appeal No. E24 of 2021 (sub judice/avoidance)
The court has jurisdiction; the NET appeal was determined and withdrawn, and the causes of action and parties differ from this Petition.
The NET appeal was against NEMA's failure to monitor and audit the development, whereas this Petition challenges the actions and inactions of NMS and county planning officers regarding development approvals. The causes of action are against different entities raising different issues, so Section 6 of the Civil Procedure Act does not bar the Petition.
Whether a mandatory interlocutory injunction should issue
Yes; the Petitioners established a prima facie case, irreparable environmental harm, and special circumstances justifying a mandatory injunction.
Documents from NMS disowning the demolition permit, NCA suspension orders and the Commission on Administrative Justice findings established a prima facie case. Environmental harm such as waste seeping into Mathare River cannot be quantified in money, satisfying irreparable harm under the precautionary principle, and the magnitude of the development constituted special circumstances.
Legal principles established
#- A preliminary objection consists of a point of law which, if argued, may dispose of the suit.
- Constitutional petitions must plead with reasonable precision the provisions infringed and the manner of infringement.
- A court's jurisdiction flows only from the Constitution or legislation.
- Mandatory injunctions at interlocutory stage require special circumstances and a higher degree of assurance.
Court orders
#- 1.An order of temporary injunction compelling the 1st to 7th Respondents jointly and severally to stop and enforce any further development on L.R. No. 209/7549 City Park Drive, Parklands by the 1st to 5th Interested Parties, their agents and/or servants or any other person pending the hearing and determination of the Petition.
- 2.Costs shall be in the Petition.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and section 13 of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndambiri & another v Nairobi Metropolitan Services & 6 others; Harambee Sacco & Co-operative Society Limited & 6 others (Interested Parties)", Case Analysis (2023). Environment & Land Petition E026 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17731/eng@2023-05-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.