In the present case the court has to decide whether or not the absence of the response of the administration would allow the Environmental Impact Assessment (EIA) applicant to pursue his project.

The administration in charge of reviewing EIA did not answer the applicant within the three month time legal delay and therefore, the applicant pursued his project to put a petrol station along the Kisii-Kericho Highway. The administration required the applicant to stop the construction because his EIA had been rejected.

The applicant brought the case in front of the court and argued that the administration had not respected the procedure because it did not conduct any public hearing to assess the acceptability of the proposal. But the court held that the applicant also did not respect the procedure has it had failed to publish the EIA for two successful weeks as required by the law. Thus, the court considered that the applicant did not have a valid EIA and validated the administration position to stop the works on the petrol station.