Save Lamu & 5 others v National Environmental Management Authority (NEMA) & another [2019] KENET 98 (KLR)
- Court
- KENET
- Case number
- 98
- Citation
- [2019] KENET 98 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from the issuance of an Environmental Impact Assessment LicenceCoramAs Linden, Cripps, Emukule, Lenaola, Majanja, Onguto, Sachs, Sykes
Holding
The appeal is allowed, and the decision to grant the EIA Licence is set aside. A fresh EIA study is required following specific terms of reference.
Facts
The National Environmental Management Authority (NEMA) issued an Environmental Impact Assessment (EIA) Licence to Amu Power Company Limited for a coal-fired power plant in Lamu County, Kenya. The appellants, a community-based organization and other individuals, challenged the issuance of the EIA Licence.
Issues
- poor analysis of alternatives and economic justification
- insufficient scoping process
- adverse effects on the marine environment
- approval of the project in an ecologically sensitive area
- flawed EIA report
- negative impact on air quality and human health
- contribution to climate change
- failure to put conditions in the EIA licence for mitigation measures
- lack of sound mitigation measures
- unviability of the project
Reasoning
The Tribunal found that the EIA process was inadequate and that the project posed significant environmental and health risks.
Outcome
Appeal allowed
Orders
- Set aside the EIA Licence
- Order the 2nd Respondent to undertake a fresh EIA study
- Direct the 1st Respondent to engage with lead agencies and the public
- Share memorandum of reasons for decision with relevant parties and publish decision
Remedies
- Setting aside the EIA Licence
- Order for a fresh EIA study
Authorities cited
Legislation (3)
- Energy Act 2019
- Natural Resources (Classes of Transactions subject to Ratification) Act 2016
- Climate Change Act 2016
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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