The Notice of Preliminary Objection dated 24th March 2016, is seeking to have the suit struck out with costs on the ground that this suit relates to a decision that was made by the National Environment Management Authority (NEMA).

According to the Court, the court will have to deal with the disputed facts and documents before it to make a determination as to whether indeed there was material non-disclosure on the part of the Plaintiff. That cannot be dealt with by way of a Preliminary Objection. For those reasons, the Court dismisses Defendants' Preliminary Objection dated 24th March, 2016 with costs.

(Source: Kenya Law http://kenyalaw.org/caselaw/cases/view/120883/ last accessed 15-05-2018)