Data source
Date of text
04 Nov 2015
Country
Seat of court
Nakuru
Type of text
National - higher court
Reference number
Petition No. 50 of 2013
Court name
Land and Environment Court
Justice(s)
Sila M.
Sources
InforMEA

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.