The High Court has delivered a significant victory for Kenyans and businesses, ruling against an amendment that granted the Environment, Climate Change, and Forestry Cabinet Secretary the power to appoint members of the powerful National Environment Tribunal (NET).
Justice Chacha Mwita declared that the amendments to the Environment Management and Coordination Act (EMCA), which gave the Cabinet Secretary authority to appoint tribunal members, are unconstitutional.
NET is a specialised judicial body, established under Section 125 of the Environmental Management and Co-ordination Act (EMCA) of 1999.
Its primary function is to adjudicate disputes arising from decisions made by the National Environment Management Authority (NEMA), particularly concerning the issuance, denial, or revocation of Environmental Impact Assessment (EIA) licenses.
