REPUBLIC V. NATIONAL ENVIRONMENTAL MANAGEMENT AUTHORITY

JUDGMENT OF THE COURT

The appellant before the Court is Sound Equipment Limited. We shall hereinafter refer to it simply as “the Appellant.” In 1994, the Appellant became the owner as lessee for a period of 99 years of land L.R. No. 209/12184 measuring approximately 2.107 hectares. About 2007, the Appellant wanted to put up what it called ten (10) town houses for residential purposes. The Appellant prepared and submitted drawings and specifications of the proposed houses to the City Council of Nairobi for approval. The approval was granted.

Thereafter, the Appellant was then obliged to comply with the provisions of the Environment Management and Coordination Act, 1999, hereinafter “the Act.” That Act is administered by the National Environment Management Authority which is the respondent in the appeal. We shall hereinafter refer to it as “the Authority.” Under the terms of the Act, the Appellant was required to carry out at its own expense an Environmental Impact Assessment Report and s…