Olago & another (Suing on Behalf of 26 other Persons) v Director General Nema & another (Environment & Planning Appeal E008 of 2023) [2025] KEELC 1139 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that the 60-day deadline to appeal an EIA licence at the National Environment Tribunal is fixed and cannot be extended.
What this practically means
#Executive summary
#Key legal issues
#Whether the National Environment Tribunal had jurisdiction to extend time for filing an appeal against the grant of an EIA licence under Section 129(1) of EMCA
The Tribunal lacked jurisdiction; the application expressly sought to appeal the grant of a licence, invoking Section 129(1)(a), whose 60-day period is fixed by the Act and cannot be extended under Rule 7 of the NET Procedure Rules
The court distinguished the two categories of NET appeals. Section 129(1) covers appeals by persons aggrieved by grant, refusal or transfer of a licence, with a 60-day period limited by the Act itself, which Rule 7 cannot extend. Section 129(2) covers other decisions, for which time may be extended. Since the Appellants' application expressly sought to challenge the grant of the licence of 21st July 2022, it fell under Section 129(1)(a) and the Tribunal correctly declined jurisdiction to extend time.
Whether the Appellants would in any event have been entitled to an extension under Section 129(2)
No - the Appellants were guilty of laches, having delayed unexplained from December 2022 to September 2023
The Appellants pleaded they learnt of the EIA licence on 2nd December 2022 but withdrew their ELC suit on 19th June 2023 and only filed the application for leave on 20th September 2023, three months later. The supporting affidavit offered no explanation justifying the exercise of discretion in their favour, so extension would have been refused even under Section 129(2).
Whether the court could inquire into the lacuna between Sections 129(1) and 129(2) of EMCA
No - the lacuna cannot be inquired into in an appeal
The court observed that the two subsections contain a lacuna, but since the matter was before it by way of appeal rather than a direct constitutional or interpretive challenge, it could not inquire into or cure that legislative gap.
Legal principles established
#- The 60-day limitation period in Section 129(1) of EMCA for appeals against the grant of a licence cannot be extended, whereas the Tribunal has power to extend time for appeals under Section 129(2)
- An appellate court will not ordinarily interfere with findings of fact unless based on no evidence, a misapprehension of it, or wrong principles
Court orders
#- 1.The appeal is dismissed with costs
- On appeal from
- National Environment Tribunal
- Not stated
- Jurisdiction invoked
- Article 162(2)(b) of the Constitution as read with Section 13(4) of the Environment and Land Court Act and Section 130 of the Environmental Management and Coordination 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
- 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 2026applied
Cite this brief
#Cite this brief
Caselaw, "Olago & another (Suing on Behalf of 26 other Persons) v Director General Nema & another (Environment & Planning Appeal E008 of 2023) [2025] KEELC 1139 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1139/eng@2025-02-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.