A court suit that sought to block the construction of a multi-million shilling liquefied petroleum gas (LPG) plant by Taifa Gas Investments SEZ Ltd at Dongo Kundu in Likoni, Mombasa has been withdrawn.
Two residents of Likoni who had sued the company, which is associated with Tanzanian billionaire Rostam Aziz, withdrew the case on Tuesday. Mohamed Karungu and Raphael Nyiro had claimed that the project would have adverse environmental and land use impacts.
“The petition is marked as withdrawn with no orders to costs,” said Justice James Olola of the Environment and Land Court as he allowed the withdrawal of the case.
He also noted that case documents had not been served on the respondent.
In their petition, the two claimed that Taifa Gas Investments SEZ Ltd intends to clear indigenous natural trees and vegetation and excavate the land to provide space for LPG tanks, which will lead to environmental degradation.
“The petitioners aver that clearing the vegetation will interfere with the coral rock and will negatively affect the ecosystem around the land,” the suit documents stated.
They wanted a conservatory order of injunction issued to restrain Taifa Gas from carrying out the project.
According to the petitioners, the project involved the construction of a pipeline, which will lead to the suspension of sediments that will ruin the quality of water and penetration of light for the ecosystem within seawater.
“The petitioners also contend that the construction of a pipeline will ruin the fishing grounds, a source of livelihood for the local population,” they argued, naming the National Environment Management Authority as an interested party in the case.
They also claimed that Taifa Gas Investments SEZ Ltd had not obtained or demonstrated any legal approvals and permits from Nema, compliance with legislative measures or any approvals from relevant state organs to cut down indigenous trees or to commence work.
“If any of such approval exists, it was obtained without prior notice, consultation, or approval of the petitioners or in compliance with public participation of the petitioner who is directly affected by the activities, hence the permits are illegal, unlawful, null, and void,” claimed the petitioners.
The petitioners also argued that Taifa Gas Investments SEZ Ltd’s proposed development is contrary to duties and obligations in respect to the environment as guaranteed by the Constitution, which obligates it to cooperate with state organs to protect, conserve, and ensure ecologically sustainable development and use of natural resources.
“The proposed activities are also devoid of public participation of the petitioner, who is directly affected by the proposed activities,” the petitioner stated.
They further argued that the respondent violated Article 10 (1) and (2) (b) of the constitution in cutting down indigenous trees and commencing vegetation clearance on the land without notice, consultation, or authority of the petitioners.
The residents also argued that the respondents have breached the legitimate expectation of the petitioners that no development activities will be undertaken contrary to the use of the land and relevant environmental laws unless they comply with the Environmental Management Coordination Act and the Constitution.
The petitioners were also seeking the issuance of an environmental restoration order compelling and directing Taifa Gas Investments SEZ Ltd to undertake and carry out all necessary measures to restore the status quo as far as practicable to the immediate condition prior to damage.
They were also seeking compensation from Taifa Gas Investments SEZ Ltd for the destruction of the environment, indigenous trees and vegetation, and excavation works in violation of the law.
