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High CourtOtherChamber Summons dated 17th December 2020
Applicants v NEMA & others (Chamber Summons for leave to apply for judicial review)
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·~3 min to read original · ~4 min briefThe bottom line
#Land use and environmental disputes must be heard by the Environment and Land Court, not the High Court.
What this practically means
#Executive summary
#The Applicants filed a Chamber Summons dated 17th December 2020 seeking leave to apply for judicial review orders against three Respondents. The substantive relief sought included certiorari to quash an Environmental Impact Assessment Licence dated 13 October 2020 issued by the 1st Respondent to the 3rd Respondent, certiorari to quash the Environmental Impact Assessment Report dated 3 March 2020, and certiorari to quash Form PPA 2 - Notification of Approval of Development Permission dated 13 November 2018 issued by the 2nd Respondent. The Applicants also sought declarations that the EIA report and licence violated 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, and that the development permission violated the 2nd Respondent's Zoning Guide for Nairobi County; an order of prohibition against continued construction of office blocks on LR Number 17/432 along Peponi Rise Road, off Peponi Road; a stay of the licence and construction; and general damages for violation of the right to fair administrative action. The court, per P. Nyamweya J, held that the application sought orders relating to the use of land and environmental impacts, matters within the exclusive jurisdiction of the Environment and Land Court under Articles 162(2)(b) and 165(5) of the Constitution and section 13 of the Environment and Land Court Act. The High Court therefore had no jurisdiction. The suit was transferred to the Environment and Land Court at Nairobi, with the Chamber Summons to be placed before the Duty Judge on 4th January 2021 for directions. No costs order was made.
Key legal issues
#01
Jurisdiction of the High Court over judicial review applications concerning land use and environmental matters
Holding
The High Court has no jurisdiction; the matter falls within the exclusive jurisdiction of the Environment and Land Court
Reasoning
The court observed that the applicants sought orders relating to the use of land and environmental impacts thereof. Under Articles 162(2)(b) and 165(5) of the Constitution and section 13 of the Environment and Land Court Act, such disputes fall within the exclusive jurisdiction of the Environment and Land Court, so the High Court could not entertain the Chamber Summons and transferred it.
p. 2
Legal principles established
#- Disputes and orders relating to title, use and occupation of land, and relating to the environment, fall within the exclusive jurisdiction of the Environment and Land Court under Articles 162(2)(b) and 165(5) of the Constitution and section 13 of the Environment and Land Court Act
Court orders
#- 1.The suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination
- 2.The Applicants' Chamber Summons dated 17th December 2020 be placed before the Duty Judge at the Environment and Land Court at Nairobi on 4th January 2021 for directions
- 3.The Deputy Registrar of this Court to send a copy of the ruling by electronic mail to the Applicants and to the Deputy Registrar of the Environment and Land Court at Nairobi by close of business on 21st December 2020
- Jurisdiction invoked
- Articles 162(2)(b) and 165(5) 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, "Applicants v NEMA & others (Chamber Summons for leave to apply for judicial review)", Case Analysis (2020). Chamber Summons dated 17th December 2020. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.