Two activists have asked the High Court to stop any further payments to Lake Turkana Wind Power Limited claiming that the firm has received Sh39 billion without supplying any energy.
Okiya Omtatah Okoiti and Nyakina Gisebe Wycliffe claim that payment of penalties for the deemed energy generated following the delay in the construction of transmission line is illegal.
The petitioners claim that the transmission line was supposed to have been built by the firm and not the government.
The activists further seek to suspend the commissioning of the project, arguing that it contravened a court order issued by a Meru High Court in 2016 in a case filed by Marsabit residents restricting the installation of turbines to 85 acres. The firm had allegedly instead set up 365 turbines on 40,000 acres.
They want the court to order the government to recover Sh39.6 billion paid in penalties and to fund the Suswa-Loyangalani transmission line.