Bruno Illi, Baliga Limited, David Mambo, Raphael Njuguna & Daniel Kiaraho v Director General, National Environment Management Authority, Powerchina International Group Limited & Fred Aronya [2020] KEHC 5879 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

JUDICIAL REVIEW MISC. APPLICATION NO. 107 OF 2020

BETWEEN

BRUNO ILLI..........................................................................1ST APPLICANT

BALIGA LIMITED...............................................................2ND APPLICANT

DAVID MAMBO....................................................................3RD APPLICANT

RAPHAEL NJUGUNA..........................................................4TH APPLICANT

DANIEL KIARAHO.............................................................5TH APPLICANT

VERSUS

THE DIRECTOR GENERAL, NATIONAL

ENVIRONMENT MANAGEMENT AUTHORITY.....1ST RESPONDENT

POWERCHINA INTERNATIONAL

GROUP LIMITED..........................................................2ND RESPONDENT

FRED ARONYA...............................................................3RD RESPONDENT

RULING

Introduction

1. The application before the Court for hearing is the Applicants’ Chamber Summons dated 20th May 2020, seeking leave to commence judicial review proceedings against the Respondents with respect to the 1st Respondent’s Guidelines on the conduct of public participation for EIA, EA and SEA during the period of coronavirus (COVID-19). The Applicants grievance is with regards to the effect of the said Guidelines on their right to a clean and healthy environment.

2. I note that the Applicants  pleadings  indicate that this suit was to be filed in the Judicial Review Division of the Environment and Land Court, and was therefore erroneously filed in the Judicial Review Division of the High Court. In addition, the Applicants are seeking leave to bring judicial review proceedings in relation to the environment, which falls 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.

The Orders

1. In the premises 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 20th May 2020 shall accordingly be placed before the Duty Judgeat theEnvironment and Land Court at  Nairobi on  26th May 2020, for directions.

2. 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 21st May 2020.

3. Orders accordingly.

DATED AND SIGNED AT NAIROBI THIS 20TH DAY OF MAY 2020

P. NYAMWEYA

JUDGE