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The Climate Litigation Database

Greenbelt Movement & 4 others v National Environmental Management Authority & another; Kenya National Highways Authority (Interested Party)

Geography
Year
2020
Document Type
Litigation

About this case

Filing year
2020
Status
Decided
Court/admin entity
KenyaNational Environmental Tribunal
Case category
Suits against governments (Global)Environmental assessment and permitting (Global)
Principal law
KenyaClimate Change Act 2016
At issue
Was the EIA License irregularly issued for lack of a Strategic Environmental Assessment?
Topics
, ,

Documents

Summary

Applicants challenged the EIA license on multiple grounds, including that the "Environmental Social Impact Assessment (ESIA) Study Report did not contain a climate impact assessment and the references to climate change made in the said Report are inadequate; and the Report should have incorporated the principles set out by the International Association for Impact Assessment”. The NET found that a Climate Change Impact Assessment was necessary prior to the issuance of the EIA license. Consequently, the National Environment Tribunal (NET) ordered a climate change analysis of the expressway within 18 months and directed the National Environment Management Authority (NEMA) to ensure compliance with the order and relevant laws, including the Climate Change Act 2016.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience
Finance