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.
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NAKUMATT HOLDINGS LIMITED v NATIONAL ENVIROMENT MANAGEMENT AUTHORITY & ANOTHER [2005] eKLR (Tribunal Referral Net 01/02/2005); (12 August 2005); 
Air quality Air and climate Environmental law Environmental impact and risk assessment Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law EL IndexThe court considered an appeal against the first respondent’s approval of the Environmental Impact Assessment (EIA) Project Report, submitted by the second respondent, in support of its application for the development of a housing estate.
The appellant contended that the housing estate was located in an industrial area with high levels of air and noise pollution, among others, and that a full EIA study ought to have been conducted.
During the course of the trial, it became evident that the Appellant objected to this proposed development, due to its concern that the proposed development, would introduce a conflict between its commercial activities within its premises, and the use of neighboring property for residential purposes.
The tribunal observed that the purpose of the EIA licensing process as prescribed by the Environmental Management and Coordination Act of 1999 and the Environmental (Impact Assessment and Audit) Regulations, Legal Notice No 101 of 2003 was to assess the likely significant impacts of a proposed project on the environment.
The tribunal found that the alleged serious health risks on account of the high levels of pollution in the area were not substantiated by credible evidence, and as such the first respondent was justified in rating approval. Further, the tribunal held that there was no evidence to show that this project would adversely impact on the environment in ways that could not be mitigated by the measures that had been proposed by the project proponent in the EIA project report.
Accordingly, the appeal was dismissed.
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