[2014] KEELC 511 (KLR)

[2014] KEELC 511 (KLR)

The court held that it has jurisdiction to determine whether the respondents, as Kenyan entities, have violated the petitioner's constitutional rights in relation to agreements or arrangements with Ethiopia for the purchase of electricity. The court found that while there is a likelihood of adverse environmental impact from the Gibe III project on Lake Turkana and its dependent communities, there was no concrete evidence of actual harm or infringement of rights at the time of judgment. However, the court determined that the respondents and interested party, as trustees of the environment and natural resources, have a constitutional and statutory duty to ensure sustainable management of...

Citation
[2014] KEELC 511 (KLR)
Parties
Applicant: Friends of Lake Turkana Trust; Respondent: The Honorable Attorney General (on behalf of the Government of Kenya); Respondent: Kenya Power & Lighting Company Limited; Interested Party: Kenya Electricity Transmission Company Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Judgment Date
19 May 2014
Case Number
? 825 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed in part.
Legal Topics
Right to Information, Public Trust Doctrine, Environmental Impact Assessment, Transboundary Environmental Harm, Sustainable Development, Access to Justice
Source Language
English
Constitutional Law Environmental Law Land and Property Right to Information Public Trust Doctrine Environmental Impact Assessment Transboundary Environmental Harm Sustainable Development +1 more

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Parties

Friends of Lake Turkana Trust

Applicant

The Honorable Attorney General (on behalf of the Government of Kenya)

Respondent

Kenya Power & Lighting Company Limited

Respondent

Kenya Electricity Transmission Company Limited

Interested Party

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the court has jurisdiction to address constitutional issues arising from agreements between the Kenyan and Ethiopian governments for the purchase of electricity.
  2. 2 Whether the fundamental rights and freedoms of the petitioner and affected communities have been violated by the respondents' actions or omissions.
  3. 3 Whether the respondents and interested party have fulfilled their constitutional and statutory obligations regarding environmental protection, public participation, and information disclosure.

Ratio Decidendi

The court held that it has jurisdiction to determine whether the respondents, as Kenyan entities, have violated the petitioner's constitutional rights in relation to agreements or arrangements with Ethiopia for the purchase of electricity. The court found that while there is a likelihood of adverse environmental impact from the Gibe III project on Lake Turkana and its dependent communities, there was no concrete evidence of actual harm or infringement of rights at the time of judgment. However, the court determined that the respondents and interested party, as trustees of the environment and natural resources, have a constitutional and statutory duty to ensure sustainable management of...

Court Disposition

Petition allowed in part.

Orders

  • Order of mandamus compelling the Government of Kenya, Kenya Power and Lighting Company Limited, and Kenya Electricity Transmission Company Limited to make full and complete disclosure to the petitioner of all agreements or arrangements with the Government of Ethiopia relating to the proposed purchase of electricity,...
  • Direction to the Government of Kenya, Kenya Power and Lighting Company Limited, and Kenya Electricity Transmission Company Limited to take necessary steps to ensure sustainable management, utilization, and conservation of Lake Turkana's natural resources in any engagement or agreement with Ethiopia relating to...