Kilifi nuclear plant row: Senators suspend probe citing pending court cases

The Senate Energy Committee was forced to halt its sessions Monday after visiting Uyombo residents in Kwa Bomu, Kilifi County, to gather opinions regarding a Sh500 billion nuclear project.

The committee planned to hear from both locals and other stakeholders, including petitioners, but some residents failed to show up while a section of senators cited ongoing court cases as the basis for their withdrawal from sittings.

Initially, objections were raised in public barazas by Uyombo villagers who cited factors including potential health risks and environmental destruction.

Their objections were followed by a petition to the Senate by Busia Senator Okiya Omtatah. Subsequently, dissatisfied parties pursued legal action by filing a case aimed at preventing the Nuclear Power and Energy Agency (NuPEA) from erecting the plant in Uyombo village.

Energy Committee chair and Nyeri Senator Wahome Wamatinga paused the proceedings upon learning about an active court case filed in Malindi. He stressed that both the Senate and the court were mandated by the Constitution to serve the interests of Kenyans and that they could not address the same issue concurrently.

Senator Wamatangi then left the decision to the residents of Uyombo.

"I leave it to the people of Uyombo to decide whether to pursue the matter in court or withdraw the case, allowing us time to move forward with the petition."

Just before the chair suspended the session, NUPEA chief executive Justus Wabuyabo stated that the agency was constrained by a legal case, making it unfair to express its views to the committee. This led to the suspension of the session and the cessation of further discussions on the matter.

Tana River Senator Danson Mungatana, a committee member, stressed the importance of balancing investment with environmental considerations, and the need to protect the well-being of local communities affected by such projects.

Phyllis Omindo, the executive director of the Center for Justice and Governance Ethics Agency (CJGEA), announced that they will kickstart a marathon signature collection drive for the withdrawal of the case.

Anthony Kingi, chairman of the Kenya Anti-Nuclear Agency, reported successfully registering 500 members opposed to the project.

Attendees were left puzzled by the Senate's decision to release the committee without prior knowledge of a pending court case against NUPEA, as highlighted in a petition submitted last October.

According to the NUPEA boss, the case filed on July 13, 2023 raises questions about how the locals could engage with the Senate committee while being aware that one of them had filed a case against the planned project at Uyombo Village.

Further inquiries emerged regarding why Kilifi Senator Stewart Madzayo insisted that the locals be educated on the protect, considering it was widely known that they had formed a 13-member committee to look into the project.