Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedJudicial Review No. 1 of 2021 (Kajiado)· [2024] KEELC 3843 (KLR)

Kiliavo Fresh Limited v National Environment Tribunal; Big Life Foundation & 3 others (Interested Parties) (Environment and Land Case Judicial Review Application E002 of 2021) [2024] KEELC 3843 (KLR)

Environment and Land Court of Kenya
15 May 2024
1,192 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
The ex-parte applicant sought leave to apply for orders of certiorari and prohibition quashing and prohibiting implementation of the National Environment Tribunal's decision of 26/4/2021 dismissing its appeal without a hearing, on the ground that the applicant and its witnesses failed to attend. Leave was granted on 16/9/2021. The respondent filed a preliminary objection invoking Sections 130 and 133 of EMCA, contending that the statutory remedy was an appeal to the Environment and Land Court and that the tribunal enjoyed immunity from suit. The 4th interested party objected that the substantive motion was filed after leave had lapsed and that Section 131 EMCA prescribed a statutory remedy. The court, M.N. Gicheru J, framed the objections around the parties' issues and held that Section 130 EMCA confers an exclusive appeal route to the Environment and Land Court; applying the Karume doctrine as reiterated in Mutanga Tea, it held the court had no jurisdiction to entertain the suit as framed by judicial review. On Section 133, it held immunity attaches to tribunal members personally, not the tribunal itself, which could properly be joined; no member was a party. The court declined to rule on whether the tribunal could lawfully dismiss an appeal for non-attendance, lacking certified proceedings. Upholding the respondent's preliminary objection, the court dismissed the suit and made no order as to costs.

Key legal issues

#
01

Jurisdiction: whether judicial review lies against a decision of the National Environment Tribunal

Holding

The court lacks jurisdiction; Section 130 of EMCA prescribes an appeal to the Environment and Land Court as the exclusive route, and that procedure must be strictly followed.

Reasoning

Section 130 of EMCA provides that any person aggrieved by a decision or order of the Tribunal may, within thirty days, appeal to the Environment and Land Court. Relying on Mutanga Tea and Coffee and the Karume doctrine, the court held that where a specific dispute-resolution procedure is prescribed, it must be strictly observed. Judicial review was therefore an improper mode of attacking the tribunal's decision, ousting the court's jurisdiction.

p. 3
02

Scope of tribunal immunity under Section 133 of EMCA

Holding

Immunity covers the chairperson and members individually, not the tribunal itself; joining the tribunal as a party is proper.

Reasoning

The court reasoned that Section 133 protects tribunal members for acts done in the discharge of their duties, but the tribunal as an institution is not immune from being sued. Since no individual member was a party to the proceedings, this objection failed and did not justify striking out the suit.

p. 3
03

Whether the tribunal could lawfully dismiss the appeal for non-attendance

Holding

The court declined to determine this issue for want of a certified copy of the tribunal's proceedings and ruling.

Reasoning

The court held it lacked sufficient material to decide whether the tribunal properly dismissed the appeal for non-attendance, since only the record of the 26/4/2021 proceedings would reveal whether counsel was ready to proceed after an adjournment was refused. Having resolved the jurisdiction question, the remaining issues were treated as auxiliary and superfluous.

p. 3

Legal principles established

#
  • Where a statute prescribes a specific remedy, that remedy must be strictly followed; an appeal lies from the National Environment Tribunal to the Environment and Land Court, and judicial review is not an available route.
  • Section 133 of EMCA's immunity from suit protects the chairperson and members of the tribunal personally, not the tribunal itself, which may properly be joined as a party.

Court orders

#
  1. 1.The preliminary objection by the respondent dated 11/6/2021 is upheld
  2. 2.The suit is dismissed
  3. 3.No order as to costs

Authorities

#

Legislation

  • Environmental Management and Co-ordination Act (EMCA)Section 130
  • Environmental Management and Co-ordination Act (EMCA)Section 131
  • Environmental Management and Co-ordination Act (EMCA)Section 133

Cases cited (3)

  • Mutanga Tea and Coffee Company and Shikara Limited and Municipal Council of Mombasa
    Civil Appeal No. 54 of 2014
  • Speaker of the National Assembly v Karume
    (1992) KLR 21
  • Narok County Council v C.A. No. 25 of 2000
Jurisdiction invoked
Section 130 of the Environmental Management and Co-ordination Act (EMCA); exclusive statutory appeal route to the Environment and Land Court from the National Environment Tribunal

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kiliavo Fresh Limited v National Environment Tribunal; Big Life Foundation & 3 others (Interested Parties) (Environment and Land Case Judicial Review Application E002 of 2021) [2024] KEELC 3843 (KLR)", Case Analysis (2024). Judicial Review No. 1 of 2021 (Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3843/eng@2024-05-15

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.