Taifa Gas Investments SEZ Ltd whose construction of a Sh16 billion Liquefied Petroleum Gas (LPG) terminus at Dongo Kundu in Likoni Mombasa was suspended by the Environment and Land Court has moved to the Court of Appeal to challenge the move.
The company associated with Tanzania’s billionaire businessman Rostam Aziz is seeking to have the Court of Appeal set aside in its entirety orders and directions of the Environment and Land Court (ELC) suspending construction of its 30,000 tonnes of LPG terminus.
On August 5, the ELC issued an order of temporary injunction restraining Taifa Gas from carrying out activities pending hearing and determination of a petition.
The issuance of the order followed an application by Mohamed Karungu and Raphael Nyiro who have filed a petition challenging the construction of the LPG terminus at Dongo Kundu.
On Wednesday, through its lawyer James Oduol, the company told the ELC that it has filed an application at the Court of Appeal which has been certified urgent and fixed for hearing on October 8.
“We seek to have the matter stood over for three weeks to allow us to argue our case at the Court of Appeal,” Mr Oduol told Justice Stephen Kibunja of the ELC, Mombasa.
The two petitioners, through their lawyer Jackson Muchiri noted that the suggestion by the respondent to wait until October was ideal.
Justice Kibunja allowed the request to have the case stood over until October 14 when the court will be informed on the progress of the proceedings at the Court of Appeal. On September 15, Justice Kibunja declined to stay the order temporarily stopping the construction of the terminus.
The judge ruled that the injunction may have resulted in losses for the company but that alone does not suffice to have the order suspended. “The flipside is that the damage to the environment may equally be as great if the works were to continue as the applications are heard and determined,” ruled Justice Kibunja.
In their petition, Karungu and Nyiro say they are residents of Likoni within a radius of the project by Taifa Gas.
They contend that the respondent has proposed to construct the LPG plant and intends to clear indigenous trees and vegetation and excavate the land to provide space for the LPG tanks which will lead to soil erosion and environmental degradation of the land and its environs.
“The petitioners aver that clearing the vegetation will interfere with the coral rock and will negatively affect the ecosystem around the land,” the petition states.
According to the petitioners, the project by Taifa Gas involves construction of a pipeline which will lead to suspension of sediments that will ruin the quality of water and penetration of light for the ecosystem within sea water.
“The petitioners also contend that the construction of a pipeline will ruin the fishing grounds which is a source of livelihood for the local population,” argue the petitioners who have named the National Environment Management Authority as an interested party in the case.
They argue that the proposed development will have adverse environmental and land use impacts on the land including the depreciation of the environment, increase in pollution, increased vehicular and human traffic and rise in insecurity which will pose a great threat to the inhabitants around the land.
They want a conservatory order of injunction issued to restrain Taifa Gas Investments SEZ Ltd from carrying out deleterious activities, carrying out construction or works including but not limited to setting up of the LPG terminus without prior compliance with Articles 10, 40, 42 and 69 of the constitution.
The petitioners also want a declaration that Taifa Gas unauthorized construction, felling and destruction of indigenous trees, excavation or proposed commencement of works to set up the LPG terminus without prior notice to consent, consultation or compensation to them and compliance with mandatory provisions of the law is illegal, unconstitutional, null and void.
They are also seeking compensation from Taifa Gas for destruction of the environment, indigenous trees and vegetation and excavation works in violation of the law.
