Title:
Ken Kasing’a v Daniel Kiplagat Kirui & 5 others [2015] eKLR
Party:
Kenya
Region:
Africa
Type of document:
National - higher court
Date of text:
November 04, 2015
Data source:
InforMEA
Court name:
Land and Environment Court
Seat of court:
Nakuru
Justice(s):
Sila M.
Reference number:
Petition No. 50 of 2013
Link to full text:
Abstract:
The petitioner contended that the respondent had built a telecommunication mast with a proper EIA licence and report. The petitioner also argued that the right to a clean and healthy environment had been violated. The judge ordered the licence be investigated under the Kenya Information and Communications Act. The judge also ordered that the base station must be pulled down and the environment restored to the manner that it was before the illegal mast was put up. I therefore issue an environmental restoration order, ordering all the respondents to jointly ensure that the site in dispute is restored back to the manner that it was before the base transmitter station was constructed. I direct that this be done within 30 days.
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