Nairobi, 23 November 2023: The Kenyan National Environment Tribunal (NET) is set to deliver its verdict on the Sosian Energy Appeal case where communities in Nakuru, Menengai area, are challenging the Environmental Impact Assessment (EIA) License issued by the Kenyan National Management Authority (NEMA) to Sosian Energy Limited (SEL). The appeal revolves around Sosian Energy wanting to explore and develop a geothermal energy plant in the Menengai Area, Kenya.
Some of the questions posed by Natural Justice during the hearing included, but are not limited to:
- Was the firm hired as the lead EIA expert qualified to undertake the EIA process at the time?
- Does the exploratory drilling conducted by SEL fall within the bounds of a Social Environmental Assessment (SEA) that ought to have been completed?
- Was there adequate public participation and consultation with impacted communities as required in the Environmental Management and Coordination Act (EMCA)?
- Did the EIA Report sufficiently assess the negative impacts arising from the proposed project?
- Were the mitigation measures adequate and sufficient to lessen the negative impacts identified in the EIA?
The appellants, Menengai West Stakeholders Forum in this case are pursuing three primary remedies: firstly, the cancellation of the EIA license granted to Sosian Energy Limited; secondly, the initiation of a new EIA; and thirdly, the undertaking of a Strategic Environmental Assessment for all geothermal activities planned by the Geothermal Development Company along the greater Menengai Caldera.
“In the ongoing legal battle, the crux of the matter lies at the intersection of energy transition and the rights of local communities. The essence of the case is not opposition to development but rather a call for careful consideration of the statutory process and compliance. Ultimately, the goal is to achieve a win-win scenario for both developers and, most importantly, the local community.”
Dale Onyango- Advocate of the High Court of Kenya, Natural Justice.
Background:
Sosian Energy Limited holds an exploration license to explore, extract and develop geothermal steam for energy production on 9.8Km2 of private land in the Menengai Area. Any geothermal energy produced would be sold to Kenya Power Lighting and Company. On 12 February 2021, NEMA granted a license for the exploratory activities, including drilling thermal gradient wells to a depth of 200m, drilling water wells for exploration, and exploration drilling to a depth of 2.7Km.
Residents of the Menengai Area opposed the license, citing serious flaws in the public participation process that did not conform to the Environmental Impact (Assessment and Audit) Regulations, 2003. Locals, who have experienced the negative effects of geothermal activity, criticize the Environmental and Social Impact Assessment (ESIA) Report, claiming it insufficiently focused on the region’s detrimental effects on air quality and noise. They express concerns about the potential necessity for resettling residents living close to the proposed geothermal well due to noise and air pollution based on prior experiences.
ENDS
Notes to editors:
- Natural justice will be publishing a post-hearing Press Release after the verdic is delivered.
- The project-affected communities organized under Menengai West Stakeholders Forum (MWESFO), a registered community-based organization representing communities in Menengai West and Soin Wards, are the Appellants in this case.
- Sosian Energy Limited, an independent power producer contracted by Geothermal Development Cooperation (GDC) in 2014 to generate 35MW of electricity under phase 1 of the what is referred to as “Menegai Geothermal Project”, is the Respondent in this case.
- The National Environment Management Authority (NEMA) is also a Respondent in this case.
- Lawyers for the Appellants are Katiba Institute and Natural Justice.
- Read more about the Sosian case on our website in the previous PR
For media inquiries, please contact:
Salome Muiruri,Natural Justice – East Africa Hub, Communications Officer
salome@naturaljustice.org, +245721480153
