Northern Block Residents Limited v National Environment Management Authority & 2 others (Environment and Land Case Judicial Review Application E001 of 2024) [2024] KEELC 6170 (KLR)
The bottom line
#A Nairobi court allowed residents to challenge a Peponi Road development's environmental licence and building approval, and halted construction for now.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction and exhaustion of alternative remedies
The court has jurisdiction because the alternative remedies before NET and the Liaison Committee were unavailable to the Applicant
Relying on the Supreme Court's decision in Nicholus, the court held EMCA does not oust ELC jurisdiction. The 60-day appeal window under Section 129 EMCA had closed, NET cannot extend a statutorily limited time, and the Liaison Committee has no extension power. Because the 3rd Respondent allegedly failed to erect notice boards or publicize the applications, the Applicant had no reasonable opportunity to appeal, so the remedies were not available and the exhaustion doctrine does not apply.
Locus standi
The Applicant has locus standi under Articles 22, 258 and 70 of the Constitution and Section 3(3) of EMCA
The court held that the 2010 Constitution fundamentally transformed standing. Any person may sue on behalf of a group or class or in the public interest, and for environmental rights under Article 70 an applicant need not demonstrate personal loss or injury. Section 3(3) of EMCA likewise permits applications on behalf of a group, association members or in the public interest to the ELC.
Six-month limitation under Order 53 Rule 2 and Section 9(3) Law Reform Act
The limitation period does not apply because the impugned decisions were administrative decisions made without the Applicant's involvement or knowledge
Following Amica Business Solutions, the six-month limit applies only to judicial or quasi-judicial proceedings with formal orders. The NEMA and County decisions were administrative, not made in proceedings involving the Applicant, and the 3rd Respondent adduced no evidence of public notices or a notice board before construction, so the decisions were exempt from the limitation period.
Whether leave should operate as stay
Leave shall operate as a stay of the EIA Licence, building plan approval and ongoing construction
The right to a clean and healthy environment is central to the suit and the impugned process can only be determined after the substantive Motion is heard. Allowing construction to continue would render the judicial review application nugatory; the stay preserves the subject matter pending full inter partes determination.
Legal principles established
#- The ELC has original jurisdiction over environmental matters unless ousted in a constitutionally compliant manner, per Nicholus
- Where the 60-day statutory appeal period under EMCA has lapsed and no extension is possible, the alternative remedy is unavailable and exhaustion doctrine does not apply
- The six-month limitation for certiorari applies only to judicial or quasi-judicial proceedings, not administrative decisions
Court orders
#- 1.The Applicant's prayer for leave to apply for an order of certiorari against the Environmental Impact Assessment Report is declined.
- 2.Leave granted to apply for certiorari to quash Environmental Impact Licence Number NEMA/EIA/PSL/22271 issued on 21st October 2022.
- 3.Leave granted to apply for certiorari to quash the Approval of Development Permission Reference Number PLUPA-COU-000269 dated 28th July 2022.
- 4.Leave granted to apply for an order of prohibition against the 3rd Respondent from constructing multi-dwelling residential blocks on LR 1870/VIII/112 along Peponi Road.
- 5.Leave granted to apply for declarations that the EIA Report and EIA Licence violate Regulations 17, 21 and 22 of the Environmental (Impact Assessment and Audit) Regulations, 2003, Article 47 of the Constitution and the Fair Administrative Action Act, 2015.
- 6.Leave granted to apply for a declaration that the 2nd Respondent's Approval of Development Permission violates the Zoning Guide, Article 47, the Fair Administrative Action Act, Section 58(7) and (8) of the Physical and Land Use Planning Act 2019 and Regulation 15(2).
- 7.The grant of leave shall operate as a stay of the EIA Licence, the building plan approval and the ongoing construction on LR 1870/VIII/112.
- 8.The substantive Notice of Motion to be filed and served within 21 days of the date of the Ruling.
- 9.Costs of the application shall be in the cause.
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution and Section 13(2) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- One Hundred and Two Peponi Road LLP & another v National Environment Management Authority & 2 others (Civil Appeal E326 of 2021) [2026] KECA 1380 (KLR)[2026] KECA 1380 (KLR)10 Jul 2026
- Siklieh (Suing as the Chairman of Karen Langata District Association) v Karuna Holdings Limited & 6 others (Environment and Land Petition E060 of 2022) [2026] KEELC 324 (KLR)[2026] KEELC 324 (KLR)22 Jan 2026
Cite this brief
#Cite this brief
Caselaw, "Northern Block Residents Limited v National Environment Management Authority & 2 others (Environment and Land Case Judicial Review Application E001 of 2024) [2024] KEELC 6170 (KLR)", Case Analysis (2024). Chamber Summons application dated 31st January 2024 (Judicial Review). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6170/eng@2024-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.