Lamu Coal Plant Petition: Okiya Omtatah Vs KPLC and others
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL & HUMAN RIGHTS DIVISION
PETITION NO. OF 2017
IN THE MATTER OF: ARTICLES 22(1) & (2)(c), 50(1), AND 258(1) & (2)(c) OF THE
CONSTITUTION OF KENYA 2010 IN THE MATTER OF: THE ALLEGED CONTRAVENTION AND VIOLATION OF
THE NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE ENSHRINED IN ARTICLES
1(1); 2(1), (2) & (3); 3(1); 4(2); 10(2); 69; 70; 71;73(1)(b);
232(1)(d), (e) & (f), AND 259(1) & (3) OF THE CONSTITUTION
IN THE MATTER OF: THE ALLEGED VIOLATION OF RIGHTS AND FUNDAMENTAL
FREEDOMS UNDER ARTICLES 35(1) & (3), 40, 42, 46, & 47 OF THE Lamu Coal Plant Certificate of urgency-Okiya Omtatah Vs KPLC and OthersCONSTITUTION.
IN THE MATTER OF: THE ALLEGED VIOLATION OF SECTIONS 3, 4 AND 5 OF THE FAIR
ADMINISTRATIVE ACTION ACT; AND SECTION 6 OF THE STATUTORY INSTRUMENTS ACT.
IN THE MATTER OF: THE OBLIGATION ON THE PRIVATE SECTOR TO REALIZE RIGHTS
AND FUNDAMENTAL FREEDOMS, AND THE NEED FOR A HUMAN
RIGHTS IMPACT ASSESSMENT REPORT ON THE PROPOSED LAMU COAL FIRED POWER PROJECT.
IN THE MATTER OF: THE CONSTITUTIONAL VALIDITY OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS ISSUED UNDER THE ENVIRONMENTAL MANAGEMENT AND CO-ORDINATION ACT (CAP 387) AND THE JURISDICTION OF THE NATIONAL ENVIRONMENT TRIBUNAL TO
ENTERTAIN PROCEEDINGS FILED IN DEFENCE OF ARTICLES 42, 69, 70, AND 71 OF THE CONSTITUTION.
BETWEEN OKIYA OMTATAH OKOITI PETITIONER VERSUS KENYA POWER AND LIGHTING COMPANY 1ST RESPONDENT AMU POWER COMPANY LIMITED 2ND RESPONDENT
ENERGY REGULATORY COMMISSION 3RD RESPONDENT
PRINCIPAL SECRETARY, THE NATIONAL TREASURY 4TH RESPONDENT
PRINCIPAL SECRETARY, MINISTRY OF ENERGY & PETROLEUM 5TH RESPONDENT
HON. ATTORNEY GENERAL 6TH RESPONDENT
THE NATIONAL ENVIRONMENT MANAGEMENT AUTHORITY (NEMA) 7TH RESPONDENT
AND
KATIBA INSTITUTE 1ST INTERESTED PARTY
THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS 2ND INTERESTED PARTY
THE KENYA HUMAN RIGHTS COMMISSION 3RD INTERESTED PARTY
THE NATIONAL ENVIRONMENT TRIBUNAL 4TH INTERESTED PARTY
SAVE LAMU 5TH INTERESTED PARTY
