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The proposed 1,050 MW Lamu Coal Power Plant has been dealt a final, fatal blow. The Malindi Environment and Land Court delivered a landmark judgment today, decisively upholding the 2019 decision by the National Environment Tribunal (NET) to cancel the project’s Environmental Impact Assessment (EIA) licence.

The ruling dismisses the appeal filed by Amu Power Company Limited, marking a historic victory for environmental activists, coastal communities, and the climate justice movement.

The Court’s decision centered on the fundamental failure of the project’s developers to adhere to legal and constitutional standards during the Environmental and Social Impact Assessment (ESIA) process. Specifically, the judgment affirmed that the process leading to the issuance of the licence was defective on several key grounds:

  1. Inadequate Public Participation: The court held that the ESIA report did not include sufficient public participation, which is “critical in environmental matters” for effective engagement with people most affected by potential adverse impacts.
  2. Failure to Consider Alternatives: The developers did not adequately explore and document project location alternatives.
  3. Insufficient Mitigation Measures: The ESIA report was found to lack sufficient measures to mitigate the project’s environmental and social harm.
  4. Non-Compliance with NEMA Terms: The report was deemed to have fallen short of the terms of reference set by the National Environment Management Authority (NEMA).

This final appeal judgment is a powerful affirmation of Kenya’s constitutional safeguards for the environment and for community rights. The Court’s ruling:

  • Reinforces Constitutional Principles: It solidifies the principles of public participation and the precautionary approach in environmental governance, ensuring that economic projects cannot override the law.
  • Elevates Community Voices: By centering the failure of consultation, the decision places the voices and concerns of local communities, who stood to lose their livelihoods and heritage, at the heart of energy project planning.
  • Protects the Right to a Clean Environment: It secures the constitutional right of the Lamu community and all Kenyans to a clean and healthy environment, rejecting a highly polluting source of energy.

The judgment effectively confirms the end of the Lamu Coal Power Plant project, concluding a nearly decade-long legal battle and setting a vital precedent for environmental justice and sustainable development in Kenya.