A meeting in Mombasa in 2017 to create awareness on electro-magnetic frequency following fears a Safaricom base stations would pose a health hazard to residents. FILE PHOTO | NMG
Residents claim electromagnetic radiation from base station would put their health at risk.
Telecoms giant Safaricom #ticker:SCOM has won a reprieve after the Environment and Land Court (ELC) struck out a case filed by Mombasa residents seeking to prevent it from erecting a base transceiver station on land in Mwembe Tayari on claims that it posed a health hazard.
The judge upheld an application by the firm seeking to strike out the suit on the basis that the case was improperly before court since residents did not follow relevant mechanisms of dispute- resolution.
Justice Charles Yano in his ruling noted that a Court of Appeal decision had stated that where there is a clear procedure for redress of any grievance prescribed by the Constitution or an Act of Parliament, the right procedure ought to be followed.
“Being guided by the Court of Appeal decision which no doubt is binding on this court, I do find and hold that the plaintiff’s suit against the defendant (Safaricom) is improperly before this court,” said Justice Yano.
Safaricom had argued that anyone with grievances against licences issued by the Communication Authority of Kenya (CA) or the National Environment Management Authority (Nema) ought to follow statutory procedures to address them.
The telco had also argued that the suit was an abuse of the court process for occupying the ELC with technical issues reserved for tribunals.
Through lawyer Billy Kongere, Safaricom had argued that the ELC court would only have appellate jurisdiction after the tribunal has made a decision.
Mr Mahmood Shariff Ali and ten others wanted the telco barred from erecting the station within a radius of 500 meters from the parcel of land.
Through their lawyer Sharon Maiga, they opposed the application by Safaricom to have the suit struck out saying the court had inherent jurisdiction to hear it.
Ms Maiga had told the court that it is not mandatory for the residents to explore other forms of dispute resolution.
According to the suit, an environmental impact assessment was conducted that acknowledged that the residents were exposed to health hazards due to the levels of electromagnetic radiation emitted.
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