A legal dispute is looming over the construction of a 30,000-tonne liquefied petroleum gas (LPG) terminal at Dongo Kundu in Likoni, Mombasa.
Two Likoni residents have sued Taifa Gas Investments SEZ Ltd, which is associated with Tanzanian billionaire Rostam Aziz. They claim that the project will have an adverse environmental impact.
Mr Mohamed Karungu and Mr Raphael Nyiro claim that the project is hazardous and threatens their right to a protected environment.
However, on May 15, Justice James Olola declined to grant a temporary order to restrain Taifa Gas Investments SEZ Ltd from constructing the LPG terminus.
The judge directed the Likoni residents to serve the respondent with the application and set a hearing date of July 29.
The Taifa Gas Plant in Dongo Kundu.
Photo credit: File | Nation
In their petition to the Environment and Land Court in Mombasa, the residents claim that Taifa Gas Investments SEZ Ltd intends to clear indigenous trees and vegetation and excavate the land to make space for LPG tanks, which would lead to environmental degradation.
“The petitioners aver that clearing the vegetation will interfere with the coral rock and will negatively affect the ecosystem around the land,” part of the suit documents states.
They are seeking an order to restrain Taifa Gas Investments SEZ Ltd from carrying out any harmful activities relating to the establishment of the LPG terminal without complying with Articles 10, 40, 42 and 69 of the Constitution.
These articles are about national values and principles of governance, land ownership rights and the right to a clean and healthy environment.
The petitioners also want a declaration that the unauthorised construction, felling and destruction of indigenous trees by Taifa Gas Investments SEZ Ltd, and the proposed commencement of works to set up the LPG terminus without consultation or compensation, and in violation of the mandatory provisions of the law, is unconstitutional.
According to the petitioners, the Taifa Gas Investments SEZ Ltd project involves the construction of a pipeline which will lead to the suspension of sediments that will ruin the quality of the water and prevent light from penetrating the ecosystem within the seawater.
The petitioners also argue that construction of the pipeline will ruin the fishing grounds, which are a source of livelihood for the local population. They have named the National Environment Management Authority (Nema) as an interested party in the case.
They also claim that Taifa Gas Investments SEZ Ltd has not obtained any legal approvals or permits from Nema or demonstrated compliance with legislative measures, nor obtained any approvals from the relevant state bodies to fell indigenous trees or commence work.
“If any of such approval exists, it was obtained without prior notice, consultation or approval of the petitioners or in compliance with public participation of the petitioner who is directly affected by the activities hence the permits are illegal, unlawful, null and void,” claim the petitioners.
President William Ruto and Taifa Gas Group Chairman Rostam Aziz during the groundbreaking ceremony of the gas plant at the Dongo Kundu Special Economic Zone in Likoni, Mombsa County on February 24, 2023.
Photo credit: File | Nation
The petitioners also argue that Taifa Gas Investments SEZ Ltd’s proposed development contravenes its constitutional duties and obligations with regard to the environment, which require it to cooperate with state bodies to protect and conserve the environment, and ensure the ecologically sustainable development and use of natural resources.
“The proposed activities are also devoid of public participation of the petitioner, who is directly affected by the proposed activities,” the petitioner states.
They further argue that the respondents violated Article 10(1) and (2)(b) of the Constitution by cutting down indigenous trees and commencing vegetation clearance on the land without notifying, consulting or obtaining the authority of the petitioners.
The petitioners also argue that the respondents have breached their legitimate expectation that no development activities contrary to the use of the land and relevant environmental laws will be undertaken unless they comply with the Environmental Management Coordination Act and the constitution.
The petitioners are seeking an environmental restoration order to compel Taifa Gas Investments SEZ Ltd to take all necessary measures to restore the land to its original state.
They are also seeking compensation from Taifa Gas Investments SEZ Ltd for the destruction of the environment, indigenous trees and vegetation, and illegal excavation works.
