Kenya’s Environment and Land Court has upheld a 2019 ruling that revoked the environmental license for the proposed 1,050-megawatt Lamu coal-fired power plant, effectively halting the controversial project.
Justice Francis Njoroge dismissed an appeal from the Amu Power Company, finding the project’s environmental and social impact assessment (ESIA) was inadequate and public participation deficient. The decision caps years of litigation and local resistance to the plant slated for Kenya’s Lamu archipelago. The group of islands are home to a UNESCO World Heritage Site with mangroves, seagrass beds and coral reefs that underpin fisheries and tourism.
Kenya’s National Environment Management Authority (NEMA) issued Amu Power the original license for the plant in 2016. It immediately met opposition from Save Lamu, a coalition of some 40 civil society groups, and the deCOALonize campaign, a regional movement opposed to coal development. They argued that the ESIA overlooked risks to health and biodiversity and failed to adequately consult the public.
In 2019, the National Environmental Tribunal (NET) voided the license, citing poor disclosure and inadequate outreach to potentially impacted communities. NET declared that, “public participation is the oxygen that gives life to an ESIA report.”
Amu Power quickly appealed the NET decision.
Omar Elmawi, a deCOALonize campaign lawyer and board member, told Mongabay the recent court decision to uphold the NET ruling “marks the end of an almost decade-long struggle. The people of Lamu stood firm against the coal giant Amu Power, and NEMA, who sought to impose a coal plant on this ecologically sensitive and culturally rich archipelago.”
“This victory is a powerful reminder that when communities speak with one voice, they can move mountains,” Elmawi added.
In a joint statement, advocates with deCOALonize termed the judgement a historic victory for Lamu communities and environmental justice.
Elizabeth Kariuki, the hub director with Natural Justice, a law group and member of Save Lamu, hailed the judgment for reinforcing Kenya’s constitutional commitment to environmental justice. “Development must never come at the expense of people’s health, culture or environment,” she said.
The court’s decision also seems to reinforce a broader market shift away from coal in East Africa. After the 2019 NET ruling, the African Development Bank (AfDB) said it wouldn’t finance the project. And in 2022, the AfDB announced it had completely halted investments in all new coal projects.
To revive the project, Amu would need a new ESIA that fully addresses cumulative impacts including on air quality and coastal ecosystems, and how it would dispose of ash. It must also propose a credible mitigation plan for potential damages, and demonstrate inclusive participation, particularly for fishing communities and small businesses whose livelihoods depend on Lamu’s marine and cultural assets. Regulators will also be expected to publish decisions and methodologies, enabling independent scrutiny.
For now, the court’s decision effectively freezes the coal plant development.
Banner image: Protesters against the Lamu coal-fired power plant in Nairobi, Kenya, in 2019. Image courtesy of DeCOALonize.
