On the basis of an Environmental Impact Assessment (EIA), the National Environmental Management Authority (NEMA) of Kenya issued an EIA License to Amu Power Company to proceed with a coal-fired power plant project in the County of Lamu.
The appellants filed the appeal on 10th June 2008 challenging the 1st respondent’s lifting by letter dated 15th August 2007, of a stop order it issued on the 10th July 2007 against the 2nd respondents construction of holiday apartments in Malindi on the grounds that; Lifting of the stop order was wrong because the 1st respondent issued it in response to the second respondents’ failure to comply with development approval conditions which failure was continuing
The Appellants wanted that the 2nd Respondent, be ordered to stop the development of 8 massionettes located along Jacaranda Avenue, Nairobi. The grounds given were; that on the 29th of March 2007,NEMA served on the developer a “cessation order” on the basis that “ground inspection established that you never obtained an environmental impact assessment license from NEMA as required.”
This matter commenced as a civil suit filed in the High Court of Kenya, where the Judge ordered that the suit be transferred to the National Environmental Management Authority (NEMA). The plaintiffs sought an Injunction against the defendants from operating their business on a piece of land adjacent to the plaintiffs own, until they put a stop to and or controlled Liquid waste, Chemicals and Noxious waste that flowed onto the plaintiffs property.