This archive report was first published on 11 September 2019.
Kenya: Lamu Coal Investors Appeal Ruling That Revoked Licence ¶
Published on September 11, 2019
Amu Power, a consortium of Kenyan and Chinese firms, has appealed against a ruling by the National Environment Tribunal (NET) that revoked the licence for the controversial coal power plant in Lamu.
The company argues that the tribunal erred in cancelling the environmental social impact assessment (ESIA) licence solely based on purported flaws in the consultation process.
Amu Power also contends that the tribunal erred in holding that it did not conduct a proper analysis of alternative sites for the project and that the ESIA study did not contain adequate mitigation measures.
"The alleged flaws in the consultation process, if at all, were not serious enough to deprive the consultation process efficacy," said the company in court filings.
The decision to appeal the revocation of the $2 billion plant opens another battlefront with environmentalists, conservationists, and non-governmental organisations opposed to the project on the basis that it will have adverse impacts on the Lamu ecosystem, which is recognised as a UNESCO World Heritage Site.
Opposition to the plant emanates from the fact that coal, which is the number one source of air pollution worldwide, has adverse effects on people's health, pollutes water resources, and contributes to the climate change crisis.
Amu Power is determined to build the plant, having signed a 25-year power purchase agreement with Kenya Power, despite the fact that Kenya is currently grappling with excess power capacity, making the cost of electricity to remain high.
