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.
Read also JIFA's Environmental Country Reports for SADC
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
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