Dapash v Marriot International Inc & 4 others (Environment and Land Petition E003 of 2025) [2026] KEELC 1089 (KLR)

The Applicant's own submissions admitted that a comprehensive EIA was undertaken, NEMA conducted technical evaluation, inter-agency consultation and site inspections, an EIA Licence was issued on 14th May 2024, and public participation was evidenced. The camp had already been opened on 15th August 2025, so the orders sought were incapable of enforcement. Constitutional litigation is evidence driven; no violation was demonstrated. Granting the orders would impede the rights of a compliant 3rd Respondent and would not enhance public interest.

The dispute concerns obstruction of a wildlife migration corridor and the grant of an EIA licence - matters squarely within the National Environment Tribunal and devolved structures under section 117 WCMA and sections 125 and 129 EMCA, and building approvals appealable to the Liaison Committee under the Physical and Land Use Planning Act. Though couched as a constitutional petition, the grievances fall under the statutory regime. No exceptional circumstances (inadequacy of remedy, ultra vires action, fundamental constitutional issues beyond the tribunal, or breach of natural justice) were shown.

The Applicant himself conceded in submissions that the regulatory framework under EMCA was properly invoked and the statutory agencies discharged their mandates, so the petition raised no unresolved, novel or complex constitutional question. All Respondents opposed empanelment on the same basis.