Environmental law – Environmental Impact Assessment (EIA) – an appeal against the Respondent’s condition on issuance of an Environmental Impact Assessment license on its proposed housing development -appellant’s construction limited to 4 floors and construction of residential floors below ground level prohibited -appeal opposed on the ground that the appellant had not complied with of the EIA requirements under the Physical Planning Act; and that they had not obtained change of use approval  prior to obtaining approval of building from Nairobi City Council and therefore City Council’s approval was irregularly obtained- whether the Respondent had authority to subject the Appellant’s proposed housing development to conditions-whether Nairobi City Council had zoning policies and regulations applicable to the Appellant’s development-whether the Appellant complied with relevant regulations, including the requirement that a change of use approval be obtained prior to converting the plot from a single dwelling house to multi-storey  residential housing units-whether the Appellant’s building plan for the proposed housing development was legally approved by the City Council-whether the Appellant could proceed with construction of 7 floors as proposed -Section 58 of the Environmental Management and Co-ordination Act (EMCA), Regulation 4 of the Environmental (Impact Assessment and Audit) Regulations of 2003

Environmental law – Environmental Impact Assessment (EIA) – an appeal against the 1^st Respondent’s approval of the EIA Project Report submitted by the 2^nd Respondent  in support of its application for an EIA license for the development  of a housing estate– appeal on the ground that the proposed residential project would not be in harmony with the existing industries surrounding the plot –further that the proposed project could not be approved on the basis of the Project Report alone and it required a full Environmental Impact Assessment Study- that in approving the project on the basis of a Project Report alone, the 1^st Respondent had denied the Appellant an opportunity to provide comments- purpose of the EIA licensing process-where there was no evidence adduced by the appellant to show that the project would adversely impact on that environment in ways that could not be mitigated-whether the 1^st Respondent was justified in approving the proposed project on the basis of the Project Report alone- Part VI of the Environmental Management and Coordination Act of 1999 and the Environmental (Impact Assessment and Audit) Regulations, Legal Notice No 101 of 2003