Case ID:168770

One Hundred and Two Peponi Road LLP & another v National Environment Management Authority & 2 others [2020] eKLR

Case Metadata

Case Number:

Judicial Review Application E1158 of 2020

Parties:

One Hundred and Two Peponi Road LLP & Peponi Road Residents Association (In Formation) v National Environment Management Authority, Nairobi City County Government & Air View Properties Limited

Date Delivered:

18 Dec 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Law Courts)

Case Action:

Ruling

Judge(s):

Pauline Nyamweya

Citation:

One Hundred and Two Peponi Road LLP & another v National Environment Management Authority & 2 others [2020] eKLR

Court Division:

Judicial Review

County:

Nairobi

Case Outcome:

Suit be transferred to the Environment and Land Court at Nairobi for further hearing and determination

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW APPLICATION NO. E1158 OF 2020

BETWEEN

ONE HUNDRED AND TWO PEPONI ROAD LLP....................................

1

ST

APPLICANT

PEPONI ROAD RESIDENTS ASSOCIATION (IN FORMATION)

..........2

ND

APPLICANT

VERSUS

NATIONAL ENVIRONMENT

MANAGEMENT AUTHORITY

.................................................................1

ST

RESPONDENT

NAIROBI CITY COUNTY GOVERNMENT

..........................................

2

ND

RESPONDENT

AIR VIEW PROPERTIES LIMITED

......................................................3

RD

RESPONDENT

RULING

The Application

1. The Applicants herein have filed an application by way of a Chamber Summons dated 17

th

December 2020, seeking the following orders:

1.

This application be certified urgent and it be heard ex-parte in the first instance.

2.

Leave be granted to the Applicants to apply for an Order of Certiorari to remove into the High Court and quash forthwith the Environmental Impact Licence dated 13 October 2020 issued by the 1

st

Respondent to the 3

rd

Respondent.

3.

Leave be granted to the Applicants to apply for an order of Certiorari to remove into the High Court and quash forthwith the Environmental Impact Assessment Report dated 3 March 2020 submitted by the 3

rd

Respondent to the 1

st

Respondent.

4.

Leave be granted to the Applicants to apply for an order of Certiorari to remove into the

High Court and quash forthwith the Form PPA 2 - Notification of Approval of

Development Permission dated 13 November 2018.

5.

Leave be granted to the Applicants to apply for a Declaration that the 3rd Respondent’s

Environmental Impact Assessment report dated 3 March 2020 and the 1

st

Respondent’s

Environmental Impact Assessment Licence dated 13 October 2020 violates the

provisions of Regulation 17, 21 and 22 of the Environmental (Impact Assessment and

Audit) Regulations, 2003 and the provisions of Article 47 of the Constitution of Kenya,

2010 and the Fair Administrative Action Act, 2015.

6.

Leave be granted to the Applicants to apply for a Declaration that the 2

nd

Respondent’s decision to issue Form PPA 2 – Notification of Approval of Development Permission dated 13 November 2018 to the 3

rd

Respondent for construction of office blocks violates the 2

n

d

Respondent’s Zoning Guide for Nairobi County and the provisions of Article 47 of the Constitution of Kenya, 2010 and the Fair Administrative Action Act, 2015.

7.

Leave be granted to the Applicants to apply for an order of Prohibition against the 3

rd

Respondent for continuing with any construction of office blocks on Land Reference

Number 17/432 (the 3

rd

Respondent’s Property) along Peponi Rise Road, off Peponi

Road.

8.

The grant of leave to institute judicial review proceedings do operate as a stay of the 1

s

t

Respondent’s Environmental Impact Assessment Licence dated 13 October 2020 and a

stay of the ongoing construction being carried out by the 3

rd

Respondent on the 3

rd

Respondent’s Property.

9.

An order of general damages be issued against the 1

st

– 3

rd

Respondents for violating the

Applicants’ constitutional right to fair administrative action as guaranteed under Article

47 of the Constitution of Kenya, 2010.

10.

The costs of this application be provided for.

2. It is evident that the Applicants are seeking orders in relation to the use of land, and environmental impacts thereof in the said application. Any disputes and orders sought in relation to title, use and occupation of land, and relating to the environment now fall within the exclusive jurisdiction of the Environment and Land Court, pursuant to Articles 162(2) (b) and 165(5) of the Constitution, and section 13 of the Environment and Land Court Act. This Court therefore has no jurisdiction to hear and determine the Chamber Summons dated 17

th

December 2020.

The Orders

3. In the premise I direct and order that this suit be and is hereby transferred to the Environment and Land Court at Nairobi for further hearing and determination. The Applicants’ Chamber Summons dated 17

th

December 2020 shall accordingly be placed before the

Duty Judge

at the

Environment and Land Court at Nairobi

on

4

th

January 2021

, for directions.

4. The Deputy Registrar of this Court shall send a copy of this 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 21

st

December 2020.

5. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 18

TH

DAY OF DECEMBER 2020

P. NYAMWEYA

JUDGE