The Court of Appeal in Nairobi has directed KiliAvo Fresh Limited, a 73-hectare farm investor, to reassess its legal strategy in an ongoing dispute with Amboseli wildlife conservationists. The case revolves around adherence to legal procedures after the Environmental and Land Court in Kajiado declared itself unfit to hear a judicial review against the National Environment Tribunal (NET). This tribunal had upheld the National Environmental Management Authority's (NEMA) decision to halt KiliAvo's farming activities in Kajiado.
The appellate court's three-judge panel determined that the Kajiado court had acted correctly by not conducting the judicial review. The judgement stated, "In the circumstances of this appeal, we find that the judicial review proceedings were not the route to go. No exceptional circumstance was demonstrated by the appellant as to why judicial review proceedings was the preferred mode to resolve its complaint when there was a statutorily laid down procedure."
If KiliAvo was dissatisfied with NET's dismissal, the judges noted that an appeal should be filed at the High Court. "Instead, it filed a judicial review application. It has been emphasized many times before that aggrieved parties should strictly follow any procedures for dispute resolution that have been prescribed by the law," the judgment further read.
KiliAvo argues that NEMA issued an Environment Impact Assessment (EIA) license on August 6, 2020, but later threatened revocation. The farm is located near Amboseli National Park and is surrounded by conservancies where local Maasai communities engage in livestock and tourism.
Local conservationists claim the project violates the Amboseli Ecosystem Management Plan (AEMP) by obstructing wildlife corridors and using excess water. The farm's legal battle involves multiple agencies, including the National Environment Tribunal and the County Government of Kajiado.
Source: Citizen