Malindi Court upholds ban on Lamu Coal Plant, citing environmental and constitutional breaches
The residents said the ruling honours the work of Save Lamu, civil society groups, environmental lawyers and ordinary citizens who have defended Lamu’s fragile coastline, UNESCO-listed cultural heritage and unique marine ecosystem.
The Environment and Land Court in Malindi has upheld the ban on the controversial Lamu Coal project, terming the plant unsustainable and a violation of constitutional and environmental laws.
Justice Francis Njoroge said the appeal by Amu Power Company Ltd lacked merit and deserved dismissal.
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“Both the appeal and the close appeal before it lacked merit, and they are both dismissed with no orders as to costs. The decision and orders of the National Environment Tribunal in its judgment delivered at Nairobi on 26th June 2019 in the National Environment Tribunal appeal number 196 of 2016 are hereby upheld. I then call on the counsel involved in this matter for their very detailed analysis, and their incisive submissions greatly assisted the court, which eliminated the various issues in their appeal,” Justice Njoroge said.
The ruling maintains the 2019 NET decision that revoked the environmental impact assessment (EIA) licence issued by the National Environment Management Authority (NEMA) for the coal project. The judge noted that the EIA report failed to address critical issues, including ash disposal, air pollution and climate change impacts. He emphasised that the licence issuance violated constitutional and environmental laws.
“The process violated Articles 42 and 69 of the Constitution, which guarantee every Kenyan the right to a clean and healthy environment. Public participation, environmental protection, and respect for constitutional rights cannot be overlooked in pursuit of unsustainable projects," Justice Njoroge added.
The case was filed by Save Lamu, supported by Natural Justice, Katiba Institute and the DeCOALonize Campaign, which argued that the project violated constitutional rights and environmental protections.
Residents and civil society groups have lauded the decision, saying it marks a major victory for environmental protection, constitutional rights and community activism.
“I write to express my deepest admiration and gratitude to the ELC for its historic ruling to stop the Amu Coal Plant project in Lamu. Your decision is a triumph not only for justice and the rule of law, but for Kenya’s people, our environment and future generations. In a time when corruption and political pressure often threaten public interest, this Court has shown extraordinary integrity and courage. You have demonstrated that Kenya’s Constitution, particularly Article 42, which guarantees every person the right to a clean and healthy environment, is not merely words on paper but a living promise to be defended," Jamil Athman, representing the Lamu Youth caucus, said.
The residents said the ruling honours the work of Save Lamu, civil society groups, environmental lawyers and ordinary citizens who have defended Lamu’s fragile coastline, UNESCO-listed cultural heritage and unique marine ecosystem.
“From an environmental perspective, this decision is profoundly right. It prevents the destruction of mangrove forests, coral reefs, and fishing grounds that sustain thousands of coastal families. It helps reduce carbon emissions at a time when the world urgently needs clean energy solutions, and it aligns Kenya with its commitments to sustainable development and climate responsibility,” Athman added.
Elizabeth Kariuki, Director of Natural Justice Hub, reiterated that the judgment reinforces Kenya’s commitment to protecting both people and the environment.
“Development must never come at the expense of health, culture or nature. This victory belongs to the people of Lamu,” she said.
Save Lamu Chairperson, Somo M. Somo, said the decision restored community trust in the judiciary.
“Justice for Lamu is justice for the planet. This ruling shows that when communities are heard, the law protects both people and nature,” he said.
Emily Kinama, Head of Strategic Litigation at Katiba Institute, described the ruling as monumental, highlighting its affirmation of public participation and the precautionary principle in environmental governance.
The judgment is expected to set a precedent for future energy and development projects across the country. Environmental advocates have urged the government to prioritise clean and renewable energy over coal and other fossil fuels.
“Kenya has sent a clear message that outdated and polluting energy pathways have no place in our future,” Natural Justice Executive Director Farida Aliwa said.
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