who we are
The National Environment Tribunal is established under Section 125 of the Environmental Management and Co-ordination Act (Cap 387 of the Laws of Kenya) (Previously cited as Act No. 8 of 1999). Its mandate is provided under section 129 (1) and 129(2) of EMCA, Section 70(2) of the Forest Conservation and Management Act and Section 25(6) of the Wildlife conservation and Management Act. Its principal function is to receive, hear and determine appeals arising from decisions of the National Environment Management Authority (NEMA) on issuance, denial or revocation of environmental impact assessment (EIA) licenses, among other decisions, the decisions of Kenya Wildlife services (KWS) through the Ministerial wildlife conservation and compensation committee and those of the Kenya forest services (KFS).
NET currently has five members (Chairperson, Vice Chairperson and three other members – an advocate, a lawyer and two other environmentalists). Their appointment was vide Gazette Notice No. 147 Vol. CXXI dated 29th October 2019 No. 10235.
The members are;
- Mr. Mohammed Balala – Chairperson
- Mrs Christine KIPSANG’ – Member, elected Vice-chairperson
- Mr. Bahati Mwamuye – Member
- Dr. Kariuki Muigua – Member, and
- Mr. Waithaka Ngaruiya – Member
Mr. Mohammed Balala was elected Chairperson and Mrs. Christine Kipsang elected the Vice Chairperson on 27th November 2019. [Pursuant to Section 125 of the Environmental Management and Coordination Act whereby elections for the Positions of Chairperson and Vice-Chairperson were held on the 31st May, 2018 in Nairobi; as required under Section 125(5) of the Environmental Management and Coordination Act as amended by the Statute Law (Miscellaneous Amendments) Act, 2018 [ Act No. 4 of 2018] – these provisions have been suspended pending determination of a Court Case].
NET has a full time CEO/Secretary – Ms. Bellinda Akello who oversees day to day administration of the Tribunal. She was appointed vide Gazette Notice No. 147 Vol. CXXI dated 29th October 2019 No. 10234. She has since replaced the acting CEO, who was an administrator appointed by the Judiciary.
There are six (6) other members of staff from both the Ministry of Environment and Forestry, and, the Judiciary
mandate and functions
Persons eligible to lodge appeals at NET:
Pursuant to Section 129
(1) of EMCA
Any person who is aggrieved by—
- (a) the grant of a licence or permit or a refusal to grant a licence or permit, or the transfer of a licence or permit, under this Act or regulations made thereunder;
- (b) the imposition of any condition, limitation or restriction on his license under this Act or regulations made thereunder;
- (c) the revocation, suspension or variation of his license under this Act or regulations made thereunder;
- (d) the amount of money which he is required to pay as a fee under this Act or regulations made thereunder;
- (e) the imposition against him of an environmental restoration order or environmental improvement order by the Authority under this Act or regulations made thereunder, may within sixty days after the occurrence of the event against which he is dissatisfied, appeal to the Tribunal in such manner as may be prescribed by the Tribunal.
May within sixty days after the occurrence of the event against which he is dissatisfied, appeal to the Tribunal in such manner as may be prescribed by the Tribunal.
(2) Unless otherwise expressly provided in this Act, where this Act empowers the Director-General, the Authority or Committees of the Authority or its agents to make decisions, such decisions may be subject to an appeal to the Tribunal in accordance with such procedures as may be established by the Tribunal for that purpose.
2. Pursuant to Section 70 (2) of the Forest Conservation and Management Act, 2016 appeals under the Act come to the Tribunal.
3. Pursuant to Section 25 (6) of the Wildlife Conservation and Management Act No. 47 of 2013, The National Environment Tribunal has jurisdiction to entertain and determine appeals arising therefrom.
4. 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 High Court, whose decision shall be final.