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.
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Maraba Lwatingu Residents Association & 2 others v National Environment Management Authority & 3 others [2019] eKLR (Tribunal Appeal 113 of 2013); (05 March 2019); 
Judicial Review Appeals and reviews Civil Procedure Public interest in environment Environmental decision-making Environmental law Public participation Human and environmental rights Environmental law Waste management Waste and pollution Environmental law Healthy environment Substantive rights Human Rights EL IndexThe tribunal considered an appeal against the approval and issuance of a license for the construction of human waste sewage ponds in a residential area. The appellants argued the following: that they, had not been consulted; that the project would cause significant environmental damage; that the project lacked adequate mitigation measures; and that the respondents did not follow the relevant statutory provisions. The appellants sought cancellation of the license; an order to stop construction of the project; restitution, compensation as well as a guarantee of non- repetition; and environmental restoration. The respondents insisted that they had satisfied the relevant provisions and urged the tribunal to dismiss the appeal with costs.
The main issue for the tribunal’s consideration was whether there was effective public participation. It found that the respondents fell short of the requirement to issue two public notices. The tribunal also found that the respondents failed to demonstrate that they held three public meetings and that they made radio-announcements. It concluded therefor that public participation was not carried out effectively.
The tribunal went on to consider whether the project adhered to the Environment Management and Coordination (Water Quality) Regulations 2006; the Environment Management and Coordination (Wetlands, River Banks, Lake Shores and Sea Shore Management) Regulations 2009; and the Environmental Management and Co-Ordination (Air Quality) Regulations 2014. It found that the respondents failed to adhere to any of these. Accordingly, the tribunal upheld the appeal.
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