The Environment and Land Court (ELC) in Malindi temporarily halted the project following a complaint lodged by six Italian investors.
The six have sued Ms Alice Kuria, Ms SaraH Kuria , ATC (Kenya), National Environment Management Authority (Nema), Communications Authority of Kenya(CAK), and Kilifi County government.
Justice Millicent Odeny of the ELC Malindi declined to have the matter transferred to NET.
Global tower company American Towers Corporation (Kenya) has suffered a blow after the court suspended the installation of telecommunication masts in Kilifi County pending determination of the case.
The Environment and Land Court (ELC) in Malindi temporarily halted the project following a complaint lodged by six Italian investors. ATC is setting up Base Transceiver Stations tower in Malindi as it seeks to expand its foothold in the country.
Paolo Di Maria and five other Italian investors moved to the court to oppose the project, claiming ownership of the land.
The six have sued Ms Alice Kuria, Ms SaraH Kuria , ATC (Kenya), National Environment Management Authority (Nema), Communications Authority of Kenya(CAK), and Kilifi County government.
The court also declined to refer the dispute to the National Environment Tribunal (NET) for resolution, stating that the court has jurisdiction to determine any dispute relating to the environment and land.
“I find that the court has the requisite jurisdiction to determine the plaintiffs’ suit according to the law, which gives the court a wide mandate to handle matters relating to the environment and land. I, therefore, find that the preliminary objection lacks merit and is dismissed,” said the judge.
The court granted the orders and directed that the application be served upon the respondents for inter partes hearing.
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