THE COUNTDOWN TO A LANDMARK JUDGEMENT FOR LAMU.


It is Now Or Never

May 29, 2025, was expected to be a historic day in Lamu and Kenya in general; the much-anticipated judgment on the coal power plant case was scheduled to be delivered by the Environment and Land Court in Malindi. For the Lamu community, this decision represented a turning point that could shape the future of the land and way of life of the people of Lamu, which is home to many.

In the early hours of Thursday, May 29th, the Lamu community was fully prepared for the virtual court session. However, hopes were temporarily dashed when the ruling was unexpectedly postponed to September 30, 2025. The delay did not weaken the people’s determination; instead, it strengthened their resolve to defend their land and secure their future.

Over the years, Save Lamu has been at the forefront of resisting the proposed coal power plant project in Lamu, drawing attention to its potentially devastating impacts on the environment, marine ecosystems, health, and local natural resources. Through continuous advocacy efforts and legal action, Save Lamu secured a major victory when the court ruled in favour of cancelling the project.

“We have been in this fight for many years now, we are optimistic the victory will be on our side, because community voices matter, and we are the community”, said Somo. M. Somo, chairman of Save Lamu, during a community dialogue in Mokowe. With the #NowOrNever campaign, the people of Lamu remain hopeful and united in their pursuit of a cleaner and more sustainable future.

In 2024, Save Lamu filed written arguments opposing the appeal in support of the previous cross-appeal filed on 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.  

The 30th of September 2025 is just around the corner, the clock is ticking, and finally, the long-awaited day for the communities in Lamu and Kenya at large is here. It is NOW OR NEVER!

Story| Khadija Juma/Save Lamu

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