Martin Wanyonyi (C.E.O Western Kenya Legal Aid Organization) & John Wekesa Khaoya (C.E.O Centre For Human Rights Organization) v County Government of Bungoma, C.E.C Member Environment, Water & Natural Resources & County Secretary County Government of Bungoma [2019] KEELC 2703 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT BUNGOMA

MISCELLANEOUS APPLICATION NO. 8 OF 2019

MARTIN WANYONYI

(C.E.O WESTERN KENYA LEGAL AID ORGANIZATION).............1ST APPLICANT

JOHN WEKESA KHAOYA

(C.E.O CENTRE FOR HUMAN RIGHTS ORGANIZATION)............2ND APPLICANT

VERSUS

COUNTY GOVERNMENT OF BUNGOMA.......................................1ST RESPONDENT

C.E.C MEMBER

ENVIRONMENT, WATER & NATURAL RESOURCES.................2ND RESPONDENT

COUNTY SECRETARY

COUNTY GOVERNMENT OF BUNGOMA.....................................3RD RESPONDENT

R U L I N G

By their Notice of Motion dated 27th June 2019 citing Articles 22(1) 22(3)(c) and 22(4) of the constitution, the Applicants seek the main prayer that this Court exempts them from paying the Court fees to enable them file a Petition against Respondents.  It is their case that the 3rd Respondent has grossly violated the URBAN AREAS CITIES ACT by carrying out dumping in a site which will injure the rights of the MUANDA COMMUNITYinLUMORO VILLAGE.  The said COMMUNITY is likely to suffer from infections due to the pollution of the environment.

I have considered the application which is ex – parte.

Article 42 of the Constitution provides that every person has the right to a clean and healthy environment.

Article 70 of the Constitution provides further that any person has a right to apply to this Court alleging that a right to a clean and healthy environment recognized and protected under Article 42 has been or is likely to be denied, violated, infringed or threatened.

Section 13 of the Environment and Land Court also allows this Court to consider application for redress of a denial violation or infringement of a right relating to the environment.

The Applicants, upon my enquiry, have shown that they have no means to pay the fees.  The alleged violation is among those protected under the Bill of Right CHAPTER FOUR OF THE CONSTITUTION.

In the circumstances, I allow the application dated 27th June 2019.

Boaz N. Olao.

J U D G E

4th July 2019.

Ruling dated, delivered and signed in Open Court this 4th day of July 2019 at Bungoma.

Applicant present

Joy – Court Assistant

Boaz N. Olao.

J U D G E

4th July 2019.