Lamu residents are celebrating the high court’s decision to uphold the National Environment Tribunal’s (NET) cancellation of a licence issued for the controversial Lamu Coal project.
The Environment and Land Court sitting in Malindi, last Thursday the 16th October 2025, upheld a 2019 NET landmark ruling that revoked the environmental impact assessment (EIA) licence for the proposed Lamu coal power plant.
Justice Francis Njoroge dismissed an appeal by Amu Power Company Ltd thus upholding a decision of the NET to cancel the licence issued by the National Environment Management Authority (NEMA).
The judge ruled that the EIA report did not adequately address critical issues such as ash disposal, air pollution, and climate change impacts and that the license issuance was done in violation of the constitution and environmental laws.
“The process violated Articles 42 and 69 of the Constitution, which guarantee every Kenyan the right to a clean and healthy environment,” the judge said.
He added; “Public participation, environmental protection, and respect for constitutional rights cannot be overlooked in pursuit of unsustainable projects.”
The case was filed by Save Lamu, with support from Natural Justice, Katiba Institute, and the DeCOALonize Campaign, which argued that the project violated constitutional rights and environmental laws. The residents have welcomed the ruling.
“I write to express my deepest admiration and gratitude to the ELC for its historic ruling to stop the Amu Coal Plant project in Lamu. Your decision is a triumph not only for justice and the rule of law, but for Kenya’s people, our environment, and future generations,” Jamil Athman said on behalf of the Lamu Youth caucus.
Athman added;
“In a time when corruption and political pressure often threaten public interest, this Court has shown extraordinary integrity and courage. You have demonstrated that Kenya’s Constitution — particularly Article 42, which guarantees every person the right to a clean and healthy environment — is not merely words on paper but a living promise to be defended.
The residents say the ruling also honours the tireless work of Save Lamu, civil society groups, environmental lawyers, and countless ordinary citizens who have spent years defending Lamu’s fragile coastline, its UNESCO-listed cultural heritage, and its unique marine ecosystem.
They added that their persistence has been a beacon of hope, showing how citizen action and the justice system can together protect what truly matters.
“From an environmental perspective, this decision is profoundly right. It prevents the destruction of mangrove forests, coral reefs, and fishing grounds that sustain thousands of coastal families. It helps reduce carbon emissions at a time when the world urgently needs clean energy solutions, and it aligns Kenya with its commitments to sustainable development and climate responsibility.”
This, according to the caucus, judgment will be remembered as a landmark in Kenya’s environmental history — a moment when truth and justice triumphed over greed and short-term gain.
“You have shown the world that our courts cannot be corrupted and that Kenya stands tall among nations protecting their natural heritage,” Athman told the judiciary.
Elizabeth Kariuki, Director of Natural Justice Hub, told the Kenya News Agency (KNA) that the judgment reinforces Kenya’s commitment to safeguarding both people and the environment.
“Development must never come at the expense of health, culture, or nature. This victory belongs to the people of Lamu,” she said.
Save Lamu Chairperson, Somo M. Somo, welcomed the decision, saying it had restored community trust in the judiciary.
“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.
Emily Kinama, Head of Strategic Litigation at Katiba Institute, described the ruling as monumental, noting that it affirmed the importance of public participation and the precautionary principle in environmental governance.
The judgment is expected to set a precedent for future energy and development projects across the country.
Environmental advocates urged the government to prioritise clean and renewable energy sources over coal and other fossil fuels.
“Kenya has sent a clear message that outdated and polluting energy pathways have no place in our future,” said Farida Aliwa, Executive Director of Natural Justice.
The Lamu coal project, initially approved in 2016 at an estimated cost of over Sh200 billion, has faced persistent resistance from communities concerned about health risks, livelihood disruption, and damage to Lamu’s fragile ecosystem.
The 1,050-megawatt coal plant, which had been planned for the Kwasasi area of Lamu County, has faced sustained opposition from local residents, civil society organisations, and environmental activists for nearly a decade.
