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Kenya: Tribunal Revokes License for Controversial Coal Plant

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 2 July 2019.

On June 26, the National Environmental Tribunal in Kenya made a landmark decision, revoking a license issued to Amu Power Company to establish a coal-fired power plant in Lamu. This move comes after a long-standing campaign by environmental activists in the region.

The Tribunal found that the National Environmental Management Authority (NEMA) had issued the license without conducting a proper Environmental and Social Impact Assessment (ESIA), which is a requirement under Kenyan law. This decision is a significant victory for activists who have been fighting against the plant's construction, citing concerns over pollution, destruction of mangrove forests, and the lack of clear mitigation measures for climate change.

Activists in Lamu, who have teamed up with other activists in and outside Kenya, have faced harassment by state authorities and have held peaceful protests, community meetings, and lobbied the international community. In October 2016, they filed an appeal against Amu Power and NEMA at the Tribunal.

Human Rights Watch and the National Coalition of Human Rights Defenders found in a joint report in December 2018 that Lamu activists opposing the construction of the coal plant had faced threats, arrests, detentions by police, and arbitrary restrictions on public meetings.

By ruling that the environmental authority failed to uphold Kenya's environmental protection laws, the Tribunal has given authorities a chance to re-assess the plant's impacts and ensure that affected communities are consulted as the law requires.

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