Members of Save Lamu community organization celebrate outside the Malindi Law courts premises after Environment and Land Court (ELC) Judge Mwangi Njoroge upheld the National Environmental Tribunal (NET) decision to stop Amu Power Company Limited from proceeding with a 1, 050 megawatts coal power project at Kwasasi area in Lamu County on Thursday, October 16, 2025. Photo by Ben Okweingoti. 
By Ben Okweingoti
The Environment and Land Court sitting in Malindi has upheld a 2019 ruling by the National Environment Tribunal (NET) that revoked the environmental license for the controversial Lamu coal power project.
Justice Francis Njoroge dismissed an appeal by Amu Power Company Ltd, confirming NET’s decision to cancel the license earlier issued by the National Environment Management Authority (NEMA).
The proposed 1,050-megawatt coal plant, to be established at Kwasasi in Lamu County, has been at the center of a heated dispute for nearly a decade, drawing strong opposition from residents, civil society groups, and environmental activists.
The case was filed by Save Lamu, with support from Natural Justice, Katiba Institute, and the DeCOALonize Campaign, who argued that the project violated constitutional rights and Kenya’s environmental protection laws.
In his ruling, Justice Njoroge found that the Environmental Impact Assessment (EIA) process undertaken by Amu Power was fundamentally flawed and failed to meet the threshold for meaningful public participation.
He noted that the EIA report did not adequately address critical issues such as ash disposal, air pollution, and the project’s potential contribution to climate change. The court ruled that the process violated Articles 42 and 69 of the Constitution, which guarantee every Kenyan the right to a clean and healthy environment.
“Public participation, environmental protection, and respect for constitutional rights cannot be overlooked in pursuit of unsustainable projects,” said Justice Njoroge. “Both the appeal and the cross appeal before me lack merit and are dismissed with no orders as to costs. The decision and orders of the National Environment Tribunal delivered on June 26, 2019, are hereby upheld.”
Environmental and human rights groups hailed the judgment as a landmark victory for the people of Lamu and a milestone in Kenya’s climate justice journey.
Emily Kinama, a lawyer with the Katiba Institute representing the community, described the ruling as final and monumental.
“The court has affirmed that Amu Power failed to comply with the Environmental Management and Coordination Act. This decision means the coal project cannot proceed in Lamu County,” she said.
Elizabeth Kariuki, Director of the Natural Justice Hub, said the judgment underscores Kenya’s commitment to safeguarding both people and the planet.
“Development must never come at the expense of health, culture, or the environment. This victory belongs to the people of Lamu,” she said.
Save Lamu Chairperson Somo M. Somo welcomed the decision, saying it had restored the community’s faith in the justice system.
“Justice for Lamu is justice for the planet. This ruling shows that when communities are heard, the law protects both people and nature,” he said.
Environmentalists say the ruling sets a strong precedent for future development and energy projects, reaffirming the need for transparency, participation, and adherence to environmental safeguards.
Farida Aliwa, Executive Director of Natural Justice, added:
“Kenya has sent a clear message that outdated and polluting energy pathways have no place in our future. It’s time to invest in clean, renewable energy.”
The Lamu coal project, first approved in 2016 and valued at over Sh200 billion, has long faced fierce resistance from locals who feared it would destroy livelihoods, threaten marine life, and harm Lamu’s fragile coastal ecosystem — a UNESCO World Heritage Site.
With the court’s decision, the push for renewable energy alternatives such as solar, wind, and geothermal power gains even greater momentum in Kenya’s transition to a sustainable energy future.
