Menegai West Stakeholder Forum & 10 others v National Environmental Management Authority & another (Tribunal Appeal 6 of 2021) [2023] KENET 1263 (KLR) (5 December 2023) (Judgment)
- Court
- KENET
- Case number
- 1263
- Citation
- [2023] KENET 1263 (KLR)
- Decided
- 5 December 2023
The Appellants' appeal is dismissed. The 2nd Respondent is directed to prepare and lodge a Climate Impact Assessment Study report within 24 months of this Judgment.
Facts
The National Environmental Management Authority (NEMA) issued an Environmental Impact Assessment (EIA) Licence to SOSIAN ENERGY LIMITED for geothermal exploration drilling in Menegai West, Kenya. The appellants challenged the issuance of the licence, alleging inadequate public participation prior to its issuance.
Issues
- Whether the requirement of public participation was complied with before issuance of the EIA license
- Whether the EIA Licence was lawfully and procedurally issued to the project proponent
Reasoning
The Tribunal found that there was no public participation in the project as the Appellants did not see the notices inviting them for the meeting before the date of the public hearings. The Tribunal also noted that the EIA Regulations require public participation, including publicizing the project and seeking the views of persons who may be affected by the project.
Outcome
Appeal dismissed
Orders
- The Appellants' appeal be and is hereby dismissed
- The 2nd Respondent is directed to prepare and lodge a Climate Impact Assessment Study report within 24 months of this Judgment
Remedies
- The 2nd Respondent is directed to prepare and lodge a Climate Impact Assessment Study report within 24 months of this Judgment
Authorities cited
Legislation (2)
- Environmental (Impact Assessment and Audit) Regulations, 2003
- EMCA (Environmental Management and Coordination Act)
Cases cited (1)
- Constitutional Petition No. 305 of 2012, Mui Coal Basin Local Community &51 Others v Permanent Secretary Ministry of Energy &17 Others
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