summary-findings-orders-f1ca34d7a4fdaea9.pdf

This document is a summary of findings and orders from the High Court of Kenya regarding Petition No 22 of 2012. The court addressed various legal and procedural challenges brought by petitioners against the LAPSSET Project, specifically focusing on environmental assessments, public participation, indigenous rights, and the protection of cultural heritage in Lamu County.

• The Court ruled that the LAPSSET Project was procedurally infirm because the Project Proponents failed to conduct a Strategic Environmental Assessment (SEA) before starting individual project components. This was a legal requirement under Regulation 42 of the Environmental (Impact Assessment and Audit) Regulations, 2003, and the Kenyan Constitution.
• The Court found that the Project Proponents violated the conditions of the EIA Licence by failing to compensate local fishermen in consultation with the Fisheries Department and failing to develop a detailed Environmental Monitoring and Management Plan (EMMP) for the first three berths of the proposed Lamu Port.
• The court determined that the Project Proponents failed to assess and report on 'external costs' for the first three berths and the overall LAPSSET Project. These costs include intergenerational equity, the probability of calamitous events like oil spills or epidemics, and monetary and non-monetary welfare losses for the local population.
• The Court found a 'per se violation' of the constitutional and statutory requirements for public participation. No evidence was provided to show that the Project Proponents followed the steps prescribed under Regulations 17, 22, and 23 of the Environmental (Impact Assessment and Audit) Regulations, 2003.
• The Court ruled that the Petitioners' rights to access information were violated because no evidence was presented to show that preliminary studies or information regarding the conception of the LAPSSET Project were made available to the Petitioners to allow for full participation.
• The Court found that over 4,700 fishermen from Lamu County have traditional fishing rights and that the government failed to compensate them, which was a prerequisite of the EIA Licence issued on 27/03/2014. The Court ordered the Project Proponents to pay full and prompt compensation totaling Kshs. 1,760,424,000.00 within one year.
• The Court found that the LAPSSET Project risked irreversibly violating the right to culture of indigenous residents of Lamu County. Specifically, the government failed to consult the community on cultural impacts and failed to create a Management Plan to preserve Lamu Island as a UNESCO World Heritage Site.

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{{cite report |author=Natural Justice |title=summary-findings-orders-f1ca34d7a4fdaea9.pdf |url=https://naturaljustice.org/wp-content/uploads/2018/05/Summary-Findings-Orders.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{naturaljusticendsummaryfindingsordersf1ca34d7a4fdaea9pdf, author = {{Natural Justice}}, title = {{summary-findings-orders-f1ca34d7a4fdaea9.pdf}}, institution = {Natural Justice}, url = {https://naturaljustice.org/wp-content/uploads/2018/05/Summary-Findings-Orders.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }