Republic v National Environment Management Authority; Ex-parte Applicant: Comply Industries Limited & another [2020] eKLR Case Summary

Court
Environment and Land Court at Nakuru
Category
Civil
Judge(s)
D. O. Ohungo
Judgment Date
October 29, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Republic v National Environment Management Authority; Ex-parte Applicant: Comply Industries Limited & another [2020] eKLR


1. Case Information:
- Name of the Case: Republic v National Environment Management Authority & Comply Industries Limited, ELCC No. 401 of 2017; Republic v National Environment Management Authority & Timsales Limited, ELCC No. 402 of 2017
- Case Number: ELCC No. 401 of 2017 and ELCC No. 402 of 2017 (consolidated)
- Court: Environment and Land Court, Nakuru
- Date Delivered: 29th October 2020
- Category of Law: Civil
- Judge(s): D. O. Ohungo
- Country: Kenya

2. Questions Presented:
The court was tasked with determining whether:
- The notice issued by the National Environment Management Authority (NEMA) breached the principles of natural justice by failing to provide Comply Industries Limited and Timsales Limited a hearing prior to its issuance.
- Comply and Timsales had suitable alternative remedies that would preclude them from seeking judicial review.
- The relief sought by Comply and Timsales through an order of certiorari was available.

3. Facts of the Case:
- Comply Industries Limited and Timsales Limited are companies engaged in the manufacture of wood products and employed over 2,000 and 3,000 workers respectively. They sourced raw materials from commercial forest plantations allocated by the Kenya Forest Service.
- On 21st October 2011, NEMA issued a notice to both companies to cease timber harvesting, claiming non-compliance with the Environmental Management and Co-ordination Act, 1999 (EMCA). The companies argued that this notice would lead to significant financial losses and job losses for their employees.

4. Procedural History:
- Comply filed for judicial review in the High Court as HC Judicial Review Application No. 121 of 2011, later transferred to the Environment and Land Court and numbered ELCC No. 401 of 2017.
- Timsales filed a similar application (HC Judicial Review Application No. 118 of 2011), later consolidated into ELCC No. 402 of 2017.
- Both companies sought certiorari to quash NEMA's notice and claimed costs.

5. Analysis:
- Rules: The court considered the provisions of the EMCA, particularly Sections 58 (1)-(3) regarding the requirement for an Environmental Impact Assessment (EIA) before timber harvesting, and Section 108 concerning environmental restoration orders.
- Case Law: The court referenced several precedents, including *Municipal Council of Mombasa v Republic & another* (2002) and *Pastoli vs. Kabale District Local Government Council and Others* (2008), which outline the principles of judicial review focusing on procedural propriety and natural justice.
- Application: The court found that NEMA, as a regulatory body, was not required to provide a hearing prior to issuing the notice because the companies were engaged in activities that necessitated compliance with environmental regulations. The court concluded that the notice did not breach natural justice and that Comply and Timsales had alternative remedies available through appeals to the National Environment Tribunal (NET) under EMCA.

6. Conclusion:
The court ruled against Comply and Timsales, dismissing their applications for judicial review. It concluded that the notice issued by NEMA did not violate principles of natural justice and that the companies had suitable alternative remedies available, thus justifying the dismissal of their claims.

7. Dissent:
There were no dissenting opinions noted in the judgment.

8. Summary:
The Environment and Land Court upheld the authority of NEMA to enforce environmental regulations by dismissing the applications from Comply Industries Limited and Timsales Limited. The decision emphasized the importance of compliance with environmental laws and the necessity of following proper legal channels for grievances, reinforcing the statutory framework provided under the EMCA. The ruling serves as a significant precedent concerning the balance between environmental protection and industrial operations in Kenya.

Document Summary

Below is the summary preview of this document.

  • Republic-v-National-Environment-Management-Authority-Ex-parte-Applicant-Comply-Industries-Limited--another-[2020]-eKLR-Case-Summary_2782_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries