In the present case the court has to judge whether or not the Narok District Environmental Committee is allowed to create new offences.

The appellant has been charged with the offence of disobeying a lawful order of the Narok District Environmental Committee forbidding white podo beams transport without its authorization. The appellant claimed that this order cannot result in a person being arrested, charged and convinced because the criminal offence and the penalty are not defined in written law.

The court held in favour of the appellant and considered that the Narok District Environmental Committee should have referred to the criminal provision referred in the Environmental Management and Co-ordination Act in its order. Because it did not do that, the legal basis on which the appellant was charged was not in line with section 77(8) of the Constitution which provides that criminal offences and penalties must be defined by law.