A successful judgment delivered in the Environment and Land Court sitting in Nakuru, Kenya, shows the importance of proper public participation, even for projects that are considered to be a positive step towards a global Just Energy Transition.
Across the world, public participation principles and rights are being fought for in court rooms in relation to fossil fuel projects, and in some instances, communities are winning. This long journey towards progress may now be impacted by a new threat to their land and environmental rights – renewable energy projects. When it comes to projects that are considered part of the global transition to green energy, companies are conveniently forgetting that decision-making without community involvement goes against one of the fundamental principles of energy justice and the principal of procedural justice.
This was the case for the community residing in or near the Menengai Caldera, the second largest volcanic crater in Africa, and biggest in Kenya. A company, Sosian Energy Limited, was granted a geothermal prospecting license by the Kenyan Ministry of Energy in February 2021, allowing the company to prospect for a potential geothermal plant inside this epic crater.
Geothermal energy is considered by some organisations and international bodies to be as part of the package of renewable energy, as geothermal plants use the heat generated by earth and convert it into energy for human use. Despite this positive aspect of geothermal energy, there are environmental and social impacts (although they are less than fossil fuels).
Geothermal power makes up a large percentage of Kenya’s energy mix – last reported to be forty-one percent – and as such, the country has several geothermal plants. The Kenyan government considers the country to be ready for more projects.
The case for public participation
Following the issuing of the license, a case was filed at the National Environmental Tribunal (NET) by the community group, the Menengai West Stakeholders Forum on 13 April 2021. Natural Justice supported the case. The complaint was the inadequate public participation process. After a lengthy trial, the Tribunal dismissed the case on 13 December 2023. Dissatisfied with this decision, the Forum appealed to the Nakuru Court.
On the 13 March 2025, the Court set aside the decision of the Tribunal and cancelled the license. The Court also directed the company to undertake a comprehensive public participation exercise that must take into account the views of the affected communities and the community group.
In Kenya, communities have been fighting hard to be part of environmental impact assessment processes and other decision-making processes, especially in relation to energy and development projects. Fortunately, the courts are heeding their calls. This judgment joins others as a significant victory for communities.
But it is important to note too, that in this case the communities would be impacted by renewable energy projects within the broader energy transition agenda. Unfortunately, renewable energy projects have consequences – often requiring vast tracks of land. Without securing land rights, and without community involvement, renewable energy projects are going to be replicating the mistakes of the past.
This case demonstrates the importance of “just” in the just transition – a transition that upholds environmental governance and community rights.
*photo from Flikr
