The Environmental Case Law Index is a collection of judgments from 10 African countries on topics relating to environmental law, both substantive and procedural. The collection focuses on cases where an environmental interest interacts with governmental or private interests.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-area expert postgraduate students from the University of Cape Town.
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Elizabeth Kurer and Detlef Heir (Suing on their behalf and on behalf of aggrieved residents of Watamu within Kilifi County) v County Government of Kilifi & 4 others [2018] eKLR (Petition 23 of 2016); (19 April 2018); 
Frivolous, vexatious, nuisance proceedings Conduct of proceedings Civil Procedure Role of state in relation to environment Actors in environmental law Environmental law Pollution and waste management offences Criminal offences in environmental law Environmental law Public interest in environment Environmental decision-making Environmental law Access to environmental information Human and environmental rights Environmental law Healthy environment Substantive rights Human Rights EL IndexThe petitioners in this matter contented that since 1998, the fourth and fifth respondents had played excessively loud music at night thus causing the petitioners and other residents sleepless nights. The respondents operated an entertainment spot located near a residential area and learning institutions and whose main entertainment menu was the playing of very loud music. The petitioners alleged that the noise interfered with their peace and quiet enjoyment of their properties and violated their right to a clean and healthy environment.
In order to prove that the noise and vibration levels from the respondent’s restaurant were excessive, the petitioners used self-made instruments that were not approved by a relevant lead agency or any person appointed by the National Environmental Management Authority.
This was against the requirements of the Environmental Management and Coordination Act. Therefore, the petition had to fall, although the learned Judge noted that the petitioners had a noble claim.
Kenya Wildlife Service v Rift Valley Agricultural Contractors Limited[2018] eKLR (Petition 11 of 2015); (27 April 2018); Role of state in relation to environment Actors in environmental law Environmental law Wildlife (fauna) Flora and fauna Environmental law Environmental damages Environmental remedies EL IndexThe matter dealt with a petition of appeal arising out of a dispute over the destruction of the respondent’s crops by wild animals that entered the respondent’s farm.
The court considered whether s3A(l) of the Wildlife Act, imposed liability on the appellant to compensate for loss or destruction of crop. The court held that s3A(l) imposed a duty on the appellant to protect the crops from destruction by wildlife and compensate for destruction.
The court considered whether there is a common law obligation under the principle in Donoghue v Stevenson 1932 SC (HL) 31 and the rule in Ryland v Fletcher [1866] LR 1Ex 265 on the appellant to compensate for damage or destruction caused by wildlife. The court found that neither were applicable to the present matter based on the facts of the case.
The court considered whether damage caused by migrating wildlife is an act of God. Consideration must be given to the question whether the event was reasonably foreseeable. Migration of wildlife is an annual occurrence thus, foreseeable and so not an act of God.
The court considered whether the government ought to be liable for destruction by wildlife. Factually, the appellant had the duty of control of the wildlife because of s3A of the Wildlife Act and so the court held that liability for the damage fell on the appellant.
Court of Appeal judgment upheld.
Water Resources Management Authority v Krystalline Salt Limited [2018] eKLR (Environment and Land Case 47 of 2015); (05 April 2018); EL Index Public interest in environment Environmental decision-making Environmental law Freshwater use Water and coasts Environmental law Role of state in relation to environment Actors in environmental law Environmental law Minerals, oil and gas Minerals and energy Environmental law
Hippo Valley Estates Limited & Another v Minister of Environment, Water & Climate (HH 235-18, HC 7770/16) [2018] ZWHHC 235 (03 May 2018); EL Index Judicial Review Appeals and reviews Civil Procedure Abuse of Process Conduct of proceedings Civil Procedure Freshwater use Water and coasts Environmental law Public utilities Actors in environmental law Environmental lawThe court considered an application to set aside the National Water Authority Regulations and tariffs on the ground that they were ultra vires and violated the applicants’ rights.
The applicants’ business operations involved sugar-cane growing and sugar processing. They concluded two agreements with the Zimbabwe National Water Authority (ZINWA), which related to the supply of water. It was a term of the agreement that the parties would, together, review charges for raw water, and should they fail to agree, the respondent would fix the prices. Subsequently, ZINWA addressed a letter advising the applicants of their intention to review the charges. The respondent unilaterally increased the tariffs and failed to notify the applicants. The respondent argued that in terms of the ZINWA Act, she had the authority to impose tariffs for water charges and that the regulations did not violate the applicants’ rights.
The court considered whether the respondent had acted lawfully in imposing the water tariffs. It found that the government reviewed the water charges, and not ZINWA which was lawfully established to review the tariffs in as far as the applicant was concerned.
The court found that the respondent could not unilaterally increase water tariffs, unless ZINWA had made application to it to justify the increase. In this case, the respondent failed to notify the applicants, nor did she give them an opportunity to respond. The court concluded that the respondent acted ultra vires by increasing the tariffs and her actions were unlawful. Accordingly, the application was upheld
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