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In Court

  • 14/08/2006

weed suit: A Kenyan High Court has rejected a suit filed by over 700 residents of Baringo region of Kenya asking the government to uproot allegedly poisonous weed Prosopis juliflora. In 1983, the Kenyan government had introduced the weed to curb desertification. But now Baringo residents want it uprooted, saying it is poisonous and has afflicted livestock. The court rejected the case on basis of technicality and said that the applicants had failed to comply with the Government Proceedings Act, which requires a 30-day notice to the attorney-general before beginning court action. The residents had filed the case against the attorney-general, the minister for environment and natural resources, and the national environmental management authority. The state counsel argued that since the cause of action arose in 1983, there was no way the state could be sued as the three-year limitation period had lapsed.

pulp friction: The International Court of Justice has rejected a request by Argentina to order neighbouring Uruguay to suspend the construction of two controversial pulp mills that are being built on the banks of the shared river Uruguay (see Down To Earth, April 15, 2006). Outweighing Argentina's claim that the mills would damage the environment, the court said there is not enough ground for a provisional measure to suspend construction. Argentina and Uruguay have been wrangling for months over the construction of the mills. Under a 1975 treaty, all issues regarding the water of the river must be consulted on and agreed by both the countries. But Argentina claimed Uruguay did not consult it before going ahead with the projects. A judgment on whether Uruguay breached the 1975 treaty is expected within two years; Uruguay may be ordered to tear down the mills if the court finds it in violation of the treaty.

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