KIBOS DISTILLERS LIMITED & 4 ORS
V.
BENSON AMBUTI ADEGA & 3 ORS

JUDGMENT OF ASIKE-MAKHANDIA, JA

I affirm the right to a clean and healthy environment as guaranteed in Article 42 of the Constitution. I will not shy away to direct polluters of the environment to follow constitutional, statutory and regulatory norms for the protection, preservation and conservation of the environment. Consequently, I am not averse to ordering National and County implementing agencies to discharge their constitutional and statutory obligations to protect the environment in appropriate cases.

On 25^th October 2018, the 1^st, 2^nd and 3^rd respondents filed a constitutional petition against the appellants before the Environment and Land Court (ELC) seeking several declaratory orders inter alia that their right to a clean and healthy environment as guaranteed by Articles 42 and 43 of the Constitution had been violated; a declaration that the 1^st to 3^rd appellants illegally acquired Environmental Impact Assessment (EIA) Licences for Kibos Sugar and Allied Factory; a permanent i…