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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Martipei Parmaya v Republic [2017] eKLR (Criminal Appeal 126 of 2017); (11 December 2017); 
Offences in relation to indigenous species Criminal offences in environmental law Environmental law Animal welfare and rights Flora and fauna Environmental law Wildlife (fauna) Flora and fauna Environmental law EL IndexThe matter was an appeal from a conviction on the charge of being found in possession of wildlife trophies in contravention of s95 and 92 of the Wildlife Conservation and Management Act of 2013 (“Act”).
The appellant argued that the trial court overlooked the inconsistencies and contradictions in evidence and applied the doctrine constructive possession of the wildlife trophies erroneously.
The court established that evidence must be led to prove the fact of possession and the contradiction in witnesses’ testimonies put the question of possession in doubt. Court also found that the doctrine of recent possession was erroneously applied.
The court considered s92 and established that it does not create an offence in so far as offences in respect of endangered species or their trophies are concerned but only a punishment and as such the suspect could not be tried under it. Further, that the proper provision that created an offence in respect to wildlife trophies and trophies generally was s95 and that suspects should be charged under the same until the Act is amended.
The conviction was quashed and the appeal was allowed on account of failure of the prosecution to prove the case to the required standard.
NAROK COUNTY COUNCIL & another v NATIONAL ENVIRONMENTMANAGEMENT AUTHORITY (NEMA) & another [2006] eKLR (Tribunal Appeal Net/o7 of 2006); (20 December 2006); EL Index Locus standi in environmental litigation Litigation of environmental issues Environmental law Environmental impact and risk assessment Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law Animal welfare and rights Flora and fauna Environmental law Wildlife (fauna) Flora and fauna Environmental lawJAMII BORA CHARITABLE TRUST & ANOTHER v DIRECTOR GENERAL NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY & ANOTHER [2006] eKLR (Tribunal Referral Net 2/3/2005); (12 April 2006); Procedural Fairness Justice and fairness Civil Procedure Attribution of Costs Costs Civil Remedies Environmental impact and risk assessment Environmental decision-making Environmental law Wildlife (fauna) Flora and fauna Environmental law Land use Human exploitation of the environment Environmental law EL IndexThis was an appeal against the decision of the respondents refusing to issue an Environmental Impact Assessment (EIA) Licence for the appellants’ housing project. The appellants asked the tribunal to set aside the decision and award costs of the appeal.
The respondents argued that they had received strong objections from members of the local community since the project was in a wildlife migratory corridor and dispersal area.
The tribunal determined whether the respondents were justified in their decision, subject to the objections, without considering if the objectives of the project could be met in absence of the project. The tribunal noted that the objecting stakeholders also found the project to be worthwhile. The tribunal found that the respondents failed by ascertaining that the views of the objecting stakeholders expressed the views of a significant section of the local community. The tribunal also found that the respondents failed to demonstrate that the potential adverse impacts could not be mitigated.
Based on these findings, the tribunal unanimously set aside the respondents’ decision and issued an EIA licence for the appellants’ project but on several conditions
Sea Star Malindi Ltd v Kenya Wildlife Services & 2 others [2002] eKLR (Miscellaneous Civil Suit 982 of 1997); (08 November 2002); EL Index Public interest in environment Environmental decision-making Environmental law Judicial Review Appeals and reviews Civil Procedure Wildlife (fauna) Flora and fauna Environmental law Sustainable development Concepts and principles Environmental law Protected areas (general) Environmental decision-making Environmental lawKenya 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.
Dabaso Saro Dulacha & 3 others v Republic[2018] eKLR (Criminal Appeals 33,34,35 & 37 of 2016); (14 May 2018); Administrative Action Administrative Law Private prosecutions Criminal offences in environmental law Environmental law Wildlife (fauna) Flora and fauna Environmental law EL IndexThe court considered a petition whereby the petitioner sought an order of certiorari to quash a Gazette Notice declaring his land to be forest land. The petitioner had entered into a sale agreement with the original owner of the land by which the parties agreed to a down payment upon successful application to the land control board. The Petitioner took immediate possession and contracted to pay the balance of the purchase price after the maize season. The application was made and rejected due to the Ministry of Natural Resource’s interest in the land. Subsequently, the land control board met and the petitioner’s application was granted, however, the land was transferred to the government and marked a forest.
The petitioner argued that during the dispute, its members were harassed and evicted from their farms, with their houses being torched.
The court found that there was no doubt that the petitioner had entered into a sale agreement. Further, the control board acted in a manner to deny the petitioner the land. The court found that based on a letter received from the Commissioner of Land, there was a clear acknowledgment of foul play in the manner in which the government came to buy the land. Further, the government had deprived the petitioner of its right to land and subjected its members to poverty. In conclusion, the court held that the land was to be placed in the name of the petitioner as it was the rightful and lawful owner.
Kenya Wildlife Services v Kinyua Ikabu [2019] eKLR (Civil Appeal 49 of 2017); (24 January 2019); Attribution of Costs Costs Civil Remedies Wildlife (fauna) Flora and fauna Environmental law EL IndexThis was an appeal against the decision of a magistrate to dismiss an application challenging the jurisdiction of that court to determine matters covered under the Wildlife Conservation Act. The respondent who was attacked by a baboon, commenced proceedings, claiming damages for pain and suffering and loss of amenities.
The High Court observed that s 25 of the act limits the claims to be made by virtue of the list contained in the third schedule. The court held that an attack by a baboon did not fall under section 25 of the Act, when read with the schedule. The court further pointed out that section 25 did not remove the jurisdiction of other courts, but merely introduced an easy way for poor farmers to claim compensation for the destruction of their crops and livestock. The court held that the magistrate was empowered to hear the matter. Accordingly, the appeal was dismissed with costs.
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