Lamu celebrates historic victory as court blocks Sh200 billion coal plant

The local community and environmentalists feared that the project's approval would result in devastating environmental and health impacts on Lamu, a Unesco World Heritage site and its environs. They pointed to potential air and water pollution, damage to Lamu's livelihoods dependent on fragile ecosystems such as fishing in the Indian Ocean and tourism, as well as threats to cultural heritage. Importantly, activists also highlighted the project's general incompatibility with Kenya's internationally pledged climate commitments and the nation's stated goal to transition toward clean energy.

Kenya has committed under the Paris Agreement to reduce its greenhouse gas emissions and pursue a low-carbon development pathway. Coal-fired plants are a major source of carbon emissions and air pollution, contradicting these climate pledges and contributing to global warming.

Read: At what cost will Lamu coal power plant be to Man and sea?

Legal challenge and initial victory

The resistance led to a court challenge that resulted in the National Environment Tribunal (NET) quashing licensing for the Lamu Coal-fired Power Plant in June 2019, after citing failure by the National Environment Management Authority (Nema) to conduct a proper Environmental Impact Assessment (EIA).

This legal victory successfully halted the project, prompting key investors like General Electric and Industrial and Commercial Bank of China (ICBC) to withdraw, citing environmental and social risks associated with the venture. The investor withdrawals signalled that the project had become economically and reputationally untenable.

Unsatisfied by the NET's ruling, however, Amu Power, the company mandated for the Lamu Coal project's establishment, appealed to the Environment and Land Court in Malindi in 2019. For the past seven years, the local community, together with environmental organisations such as Save Lamu, with support from Natural Justice, Katiba Institute, and the DeCOALonize campaign, has been working to ensure the intended coal project establishment in their area dies completely.

Landmark court decision

In a landmark judgment on Thursday, Malindi Environment and Land Court Judge Justice Francis Njoroge upheld the NET's ruling while dismissing the appeal by Amu Power Company Limited, affirming the earlier decision by the tribunal to cancel the license issued by Nema.

The court found that the approval process for the Lamu Coal Plant project licence was procedurally flawed and in violation of Articles 42 and 69 of the Kenyan Constitution, which guarantee the right to a clean and healthy environment and outline the State's obligation to protect it. The court deemed the Environmental Impact Assessment report deficient, particularly in addressing mitigation measures for the ash pit and the coal project's contribution to climate change. These omissions were inconsistent with the requirements of the Climate Change Act and the Environment Management and Coordination Act (EMCA).

While the court did not examine every technical aspect of the project, it underscored that meaningful public participation is central to effective environmental governance and impact mitigation. Overall, the numerous procedural and substantive shortcomings in the public participation process rendered the EIA process fundamentally invalid.

Read: Why coal has no place in Kenya’s energy future

It is worth noting that at least 975 acres of land had already been acquired since 2016 at Kwasasi village in Hindi Division of Lamu West for the establishment of the coal project. It was projected to generate 1,050 megawatts of power upon completion.

The verdict has thrown the entire Lamu archipelago into a celebratory mood, with those interviewed terming the ruling as a historic victory for the local people. Beyond Lamu, environmental experts view the decision as significant for climate action across East Africa. Coal power has been largely phased out in wealthier nations, and this ruling reinforces Kenya's commitment to pursuing renewable energy alternatives, including wind, solar, and geothermal resources, rather than investing in carbon-intensive fossil fuels.

Community voices celebrate the victory

Mohamed Athman, an environmentalist with Save Lamu, says at least they can now breathe a sigh of relief. Mr Athman admits that the past decade of fighting against the coal plant project in Lamu has been hectic for them. He says most of them were used to spending sleepless nights, just advocating to have the project revoked.

"For nearly a decade, we, the people of Lamu and environmental crusaders have defended our right to a clean and healthy environment, our cultural heritage, and our livelihoods against the threat of coal. We view this particular verdict by the court on Thursday as a great achievement for us," said Mr Athman.

Raya Famau, the Lamu Women Alliance Executive Director and member of Save Lamu organisation, highlighted the court's affirmation of participatory democracy: "We're happy that the court itself found that the public participation process for the Lamu coal plant was inadequate and failed to meaningfully include the voices of affected communities," said Ms Famau.

She noted that the Environment and Land Court reaffirmed that public participation, environmental protection, and respect for constitutional rights cannot be overlooked in the pursuit of unsustainable energy projects.

Read: Power, politics and economy of the coal-fired plant in Lamu

Natural Justice Hub Director Elizabeth Kariuki said that the court's decision reinforced Kenya's constitutional commitment to environmental justice, public participation, and the rule of law. "Development must never come at the expense of people's health, culture, or environment. This victory belongs particularly to the people of Lamu, every fisher, woman, and youth who stood up for Lamu and for future generations. Kenya's future should be built on clean energy, community voices, and respect for the planet we all depend on," said Ms Kariuki.

Mohamed Somo, the Save Lamu organisation chairperson, noted the broader implications: "Justice for Lamu is justice for the planet. When communities are heard, the law protects both people and nature. We've walked this journey since 2016. The Thursday ruling marked a historic occasion that will live in our hearts for generations. This victory is not only for Lamu, but for Kenya as a nation," said Mr Somo.

Head of Strategic Litigation at Katiba Institute, Ms Emily Kinama termed the judgment as monumental in Kenya's environmental justice history. "Indeed, the court strongly affirmed that public participation and the precautionary principle, in accordance with the Constitution and environmental laws, are critical in protecting the environment. This particular judgment reaffirms a people-centred approach in environmental governance, especially for the people of Lamu and Kenya in general," said Ms Kinama.

Climate leadership and energy transition

Lamu elder Omar Ali said as the world faces an escalating climate crisis, the recent judgment to reject outdated and polluting energy pathways is a good thing, if Kenya wants to be a leader in climate action. "We shall not relent in our struggle for climate justice. Lamu has indeed shown that organised communities can shape their destiny and inspire hope far beyond Kenya's shores. This particular case now stands as a precedent in safeguarding Kenya's transition towards clean, renewable, and sustainable energy," said Mr Ali.

Mr Ali called upon the government to invest in renewable energy solutions that honour Kenya's climate commitments and safeguard the well-being of present and future generations.

On her side, DeCOALonize Campaign Coordinator Doreen Onyango said the Thursday ruling restored her faith and that of the deCOALonize movement. "Such a ruling will set a precedent for Kenya and the rest of the world on how land and environmental justice can be secured for communities. There is need for continued vigilance to ensure that there is no coal energy in Kenya, Africa and the World," said Ms Onyango.

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