ADVOKS GLOBAL · KENYA
Environmental Management and Co-ordination Act
130. Appeals to the Environment and Environment and Land Court
Edition: 2022-12-31 · In force
130. Appeals to the Environment and Environment and Land Court
(1)Any person aggrieved by a decision or order of the Tribunal may, within thirty days of such decision or order, appeal against such decision or order to the Environment and Land Court.(2)No decision or order of the Tribunal shall be enforced until the time for lodging an appeal has expired or, where the appeal has been commenced, until the appeal has been determined.(3)Notwithstanding the provisions of subsection (2), where the Director- General is satisfied that immediate action must be taken to avert serious injuries to the environment, the Director-General shall have the power to take such reasonable action to stop, alleviate or reduce such injury, including the powers to close down any undertaking, until the appeal is finalised or the time for appeal has expired.(4)Upon the hearing of an appeal under this section, the Environment and Land Court may—(a)confirm, set aside or vary the decision or order in question;(b)remit the proceedings to the Tribunal with such instructions for further consideration, report, proceedings or evidence as the court may deem fit to give;(c)exercise any of the powers which could have been exercised by the Tribunal in the proceedings in connection with which the appeal is brought; or(d)make such other order as it may deem just, including an order as to costs of the appeal or of earlier proceedings in the matter before the Tribunal.(5)The decision of the Environment and Land Court on any appeal under this section shall be final.