NET APPEAL NO. 215 OF 2017 BETWEEN SUSTAINABLE ENERGY SYSTEMS LTD VS KENYA FOREST SERVICES an appeal against decision of KFS to terminate and/or rescind the special use of license for development of a wind power project at Ngong Hills.
The Tribunal drew issues for determination as:
> Whether the special use license was validly issued.
> Whether the termination of the special use License was lawful and Procedural.The Tribunal determined that the constitution of the Respondents board was proper at the time of issuing the special use license. That in issuing the special use license, the Director was within the scope of his authority as the CEO to the service and thus decision not ultra vires. That the special use license was validly issued.