NATIONAL ENVIRONMENTAL TRIBUNAL
V.
OVERLOOK MANAGEMENT LIMITED & 5 OTHERS

JUDGMENT OF THE COURT

This appeal is by the National Environmental Tribunal “the appellant” which emanates from the Ruling and orders of the High Court (Emukule, J.) dated 9^th May 2008 in Judicial Review application number No. 391 of 2006. The appeal is predicated upon a memorandum of appeal dated 17^th January 2011 containing 12 grounds. A close reading of the said grounds however, reveals a common thread and or the crux of the appeal being that the appellant is aggrieved by the High Court’s holding that Malindi Green Town Movement “the 4^th respondent ” and Malindi South Residents Association “the 5^th respondent ” lacked locus standi to lodge an appeal against the decision of the National Environmental Management Authority, the 3^rd respondent , approving construction of proposed luxury villas on LR No. Portion No. 4381 “the suit property” situate within Malindi town, adjacent to the Indian Ocean, by the Overlook Management Limited and Silver Sand Camping Site Limited, the 1^st and 2^nd …