NET APPEAL NO. 144 OF 2015 BETWEEN HASSAN NOOR & 79 OTHERS VS DG, NEMA, WASTE AFRICA LIMITED AND MUTHONI JUNGHAE an appeal against a license issued to Waste Africa Limited permitting disposal of asbestos.
The tribunal reduced the issues for determination to two:

  • Whether the EIA License was issued in accordance with the provissions of the Environment Management and Co-ordination Act; and
  • Whether the 2nd Respondent compiled with the conditions of the EIA license.

The Tribunal determined that there was no public participation as envisaged in EMCA and EIA regulations, that the guidelines on removal, transportation and disposal of asbestos require among others that a hydrogeological report of the disposal site be included in the EIA report, the EIA report filed by NEMA did not include such a report, that while determination of the safest distance for disposal of asbestos in an area with human settlements was to be done by the ministry of Public Health and sanitation and provided under guideline 5.3, no evidence was tendered to prove such a determination by the relevant Ministry, in this regard the Tribunal found the License to be in violation of the law.

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