The clock is ticking, time is running, the 29th of May 2025 is around the corner and the Environment and Land court in Malindi is set to deliver the judgment for the coal case appeal. Over the past years, Save Lamu has been actively fighting against the proposed coal power plant project in Lamu due to its numerous negative impacts on the environment, natural resources, marine life, and health. Through continuous advocacy efforts, including filing a legal case against the project, Save Lamu successfully stopped the coal project, with the court ruling in favour of its cancellation.
In 2024, Save Lamu filed written arguments opposing the appeal in support of the previous cross-appeal filed in 5th September 2019, where Save Lamu asked the Environment and Land Court in Malindi to give decisions on 6 issues raised that the National Environmental Tribunal did not address, including the appeal to be heard by at least 5 judges.
Our argument against these fossil fuel projects is the analysis that was concluded by the project proponent about the sufficiency of the technology, contrary to that the Lamu Coal power plant threatens the constitutional rights of communities in Lamu to a clean and healthy environment, access to information, protection of the cultural heritage, livelihoods and health.
“Our position on the coal project is not only about Lamu but about the entire continent of Africa. We are confident that the Environment and Land Court in Malindi will deliver a fair judgment after hearings. We will not tire until we reach the end of the road. We are the community, and we are the voices,” said Mohamed Athman, coal case petitioner.
The NET’s 2019 decision was a major victory for environmental activists and local communities, as it underscored the legal obligation to conduct thorough and participatory environmental assessments. However, Amu Power argues that the Tribunal erred in its judgment and seeks to overturn the decision on the basis that it failed to properly consider key facts and legal principles.
In response to this development, Save Lamu plans to continue with its advocacy efforts regarding the coal project. These advocacies aim to update the community about the ongoing appeal and raise awareness about the potential risks and consequences of the coal project, ensuring that the community remains informed and actively engaged in the fight to protect Lamu’s environment and well-being.