Nairobi 01st October 2018
The High Court sitting in Nairobi, on Monday 24th September, gave orders restoring all automatic stay orders that were issued upon projects that are challenged at the National Environmental Tribunal (NET).
The petitions were filed by Katiba Institute and Okoiti Okiya Omtatah.
The Court therefore suspended the amendment of sections 125 (1) and (5), and 129(3)(d), (e) and (4) of the Environmental Management and Coordination Act (EMCA), which parliament had enacted through the Statute Law (Miscellaneous Amendment) Act, 2018, in May this year.
The ruling effectively restores all stop orders issued by National Environmental Tribunal (NET) including that of the proposed 1,050 MW Lamu Coal-Fired Power Plant.
This ruling comes in wake of protest by anti-coal campaigners at a side event of the Global Climate Action Summit, being held in San Francisco. The anti-coal campaigners were protesting against the involvement of General Electric in the Lamu coal power plant, although Amu Power, through their lawyer, declared in court that they had not signed any deal with General Electric on the Lamu coal plant.
The ruling does not affect the proceedings currently ongoing at the National Environmental Tribunal.
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