SYOKIMAU RESIDENTS ASSOCIATION LIMITED V. COUNTY GOVERNMENT OF MACHAKOS & NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY

JUDGMENT OF THE COURT

1. The appellant is an association of residents who own property within LR No. 12715 Syokimau Estate, in Mavoko within the County Government of Machakos.

2. By a constitutional petition dated 15^th February 2017, the appellant filed the petition contending that the respondents have been issuing building approvals, change of user and Environmental Impact Assessment (EIA) licenses within their Estate without providing an opportunity to them to air their objections thus denying the appellant and its members public participation as envisaged in Article 196 of the Constitution.

3. In the Petition, it is averred that the building approvals and licenses issued by the respondents have contributed to the rise of unplanned and unstructured developments that continue to degrade Syokimau Estate causing environmental problem of waste disposal injurious to a clean and healthy environment as well as structural challenges. It contented that the appellant wrote several letters to the…