Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT
THE NATIONAL ENVIRONMENTAL TRIBUNAL PROCEDURE RULES
CAP. 387
- Published in Kenya Gazette Vol. CV—No. 118 on 28 November 2003
- Commenced on 28 November 2003
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation.
These Rules may be cited as the National Environmental Tribunal Procedure Rules.2. Interpretation.
In these Rules, unless the context otherwise requires—"appellant" means a person who makes an appeal to the Tribunal under section 129 of the Act, and includes a duly authorized agent or legal representative of that person;"Chairperson" means the person holding office or acting as Chairperson of the Tribunal;"disputed decision" means a decision of the Authority against which an appeal is brought under these Rules and includes a failure or refusal to make a decision by the Authority or its officer or committee;"hearing" means a sitting of the Tribunal for the purpose of enabling the Tribunal to reach or announce a decision, other than such a sitting in exercise of the power to determine an appeal without an oral hearing;"party", in relation to an appeal, includes the appellant, the Authority and any person joined to the proceedings as an appellant or a respondent or an intervener;"referral" means a reference by the Authority to the Tribunal pursuant to section 132 of the Act;"register" means the register of appeals and decisions kept in accordance with these Rules;"respondent", in relation to any proceedings before the Tribunal (including a referral before the Tribunal), means the Authority or any other party to the proceedings other than the appellant.Part II – APPEALS AND REFERRALS TO TRIBUNAL
3. Appeals.
Any person who is aggrieved by any determination or decision of the Authority or any of its Committees or officers as specified in subsection (1) and (2) of section 129 of the Act may appeal to the Tribunal in accordance with these Rules.4. Notice of appeal.
5. Additional matters.
The appellant may include in his notice of appeal, or in a separate application to the Tribunal, any of the following—6. Registration of appeal.
7. Application for extension of time.
The Tribunal may for good reason shown, on application, extend the time appointed by these Rules (not being a time limited by the Act) for doing any act or taking any proceedings, and may do so upon such terms and conditions, if any, as appear to it just and expedient.8. Documents to accompany appeal or reply.
9. Preliminary objections.
10. Amendment of appeal and delivery of supplementary grounds of appeal.
11. Referral of matter by Authority to Tribunal.
12. Notification and action on referrals.
13. Appeal by minors and persons under disability.
When the person by whom an appeal may be brought is a minor or is under a disability, the appeal may, subject to any conditions imposed by the Tribunal, be brought by a person legally authorized to act or by a person appointed by the Tribunal; and such person may take all necessary steps and do all things for the purpose of the appeal as an appellant is, by these Rules, required or authorised to take or do.Part III – REPLY
14. Action by respondent.
15. Amendment of reply.
Part IV – THIRD PARTIES
16. Joinder of parties
If it appears to the Tribunal, whether on the application of a party or on its own motion, that it is desirable that any person be made a party to the proceedings, the Tribunal may order such person to be joined as a respondent and may give such directions relating thereto as may be just, including directions as to the delivery and service of documents.17. Intervener.
Part V – HEARING
18. Directions and pre-hearing orders.
19. Failure to comply with directions.
If any directions given to a party under this Part of these Rules are not complied with by such a party, the Tribunal may, in addition to other powers available to it before or at the hearing, dismiss the whole or part of the appeal or, as the case may be, strike out the whole or part of a respondent's reply and, where appropriate, direct that a party shall be debarred from participating in the appeal altogether:Provided that the Tribunal shall not so dismiss or strike out or give such a direction unless it has sent notice to the party who has not complied with the direction giving him an opportunity to show cause why it should not do so.20. Varying or setting aside of directions.
Where a person to whom a direction (including any summons) is addressed had no opportunity of objecting to the making of such direction, he may apply to the Tribunal to vary it or set it aside, but the Tribunal shall not so do without first notifying the person who applied for the directions and considering any representations made by him.21. Subpoenas and orders.
22. Place and tim of hearing.
23. Public notice of hearings.
The Tribunal shall provide for public inspection, at the principal office of the Tribunal and at the place where a hearing is to be held, a list of all appeals for which an oral hearing is to be held and of the time and place fixed for the hearing.24. Exclusion of persons disrupting proceedings.
Without prejudice to any other powers it may have the Tribunal may exclude from the hearing or Part of it, any person whose conduct has disrupted or is likely, in the opinion of the Tribunal, to disrupt the hearing.25. Failure of parties to attend hearing.
26. Procedure at hearing.
27. Demonstration and display facilities.
The Tribunal may at the request of a party and upon payment of the prescribed fees provide visual demonstration facilities for the display of any maps, charts or diagrams, or illustrations of texts and documents, which that party intends to exhibit during the hearing.28. Judicial notice.
29. Determination of interlocutory matters.
Interlocutory matters arising in the course of proceedings before the Tribunal may be determined by the Chairperson or any one legally qualified member sitting alone.30. Opportunity to be heard or cross-examine.
The Tribunal shall grant to any party—31. Change of advocate.
At the hearing of an appeal or a referral and at any stage of the proceedings a party represented by an advocate may change his advocate upon giving notice to the Tribunal, which notice shall also be served on the other party or parties.Part VI – DETERMINATION OF APPEAL
32. Failure to reply and no contest.
If—33. Withdrawal of appeal.
34. Preliminary issues.
35. Power to determine appeal without hearing.
36. Consolidation of appeals.
The Tribunal may, in its discretion and after giving the parties concerned an opportunity to be heard, order the consolidation of the hearing of any appeals before it, where notices of appeal have been given in respect of the same matter or in respect of several interests in the same subject in dispute or which involve the same issue.37. Decision of Tribunal.
38. Reasons for decisions.
The Tribunal shall give reasons for all its decisions, and each of any such decisions shall include—39. Order for costs and expenses.
Part VII – MISCELLANEOUS PROVISIONS
40. Chairperson to act for Tribunal.
41. Additional powers of Tribunal.
The Tribunal may, at its discretion—42. Correcting irregularities.
43. Proof of documents an certification of decisions.
44. Service or delivery of documents.
45. Substituted service.
If any person to or on whom any document is required to be sent, delivered or served for the purpose of these Rules cannot be found or has died and has no known personal representative, or is out of Kenya, or if for any other reason service on him cannot be readily effected, the Chairperson or the Tribunal may, on application, dispense with service on such person or may make an order for substituted service on that or another person in such other form (whether by advertisement in a newspaper or otherwise) as the Chairperson or the Tribunal may think fit.46. Language.
47. Filing fees.
There shall be paid to the Tribunal such filing fees and other fees, including fees for service by the Tribunal of any notice or process, as shall be prescribed by the Cabinet Secretary:Provided that the Tribunal may, if it considers it to be in the interest of justice, or on grounds of financial hardship on the part of the appellant waive all or part of the filing fees payable in any appeal.48. Prescribed forms.
The Tribunal may from time to time design and issue free of charge such prescribed forms as it may deem necessary for the purposes of filing appeals or replies and for any interlocutory matters.49. Recording of proceedings.
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
28 November 2003
Commenced
Cited documents 0
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