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Water Resources Management Authority v. Kensalt Limited

(2016) JELR 93963 (CA)

Court of Appeal  •  Civil Appeal 9 of 2015  •  22 Apr 2016  •  Kenya

Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti



The issues in controversy in the case giving rise to this appeal are not only novel but also fairly complex and highly contested. It is the summary manner in which those issues were determined by the Environment and Land Court (Angote, J.) that has aggrieved the appellant. This, in brief, is how the dispute arose.

The appellant is a statutory body established under Section 7 of the Water Act with the following powers and function donated by Section 8 (1):

“(a) to develop principles, guidelines and procedures for the allocation of water resources;

(b) to monitor, and from time to time re-assess, the national water resources management strategy;

(c) to receive and determine applications for permits for water use;

(d) to monitor and enforce conditions attached to permits for water use;

(e) to regulate and protect water resources quality from adverse impacts;

(f) to manage and protect water catchments;

(g) in accordance with guidelines in the national water resources manageme…

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