Environmental Impact Assessments

The Petitioners filed the consolidated Petitions challenging the legality and constitutionality of the construction of the Standard Gauge Railway (hereinafter project the “SGR project”) in Kenya although the project is intended to benefit the larger East African Community. In their respective Petitions, they were seeking various reliefs for breaches of the Constitution and the law in implementing the said project. It is in the 3rd Petitioner’s further submission that the 2nd Respondent failed to undertake a mandatory Environmental Impact Assessment (EIA) as provided for under Section 58 and 69 of the Environment Management and Coordination Act and in the circumstances construction of the SGR without on EIA will violate the citizens’ right to a clean environment as provided for under Article 42 of the Constitution. It was thus the 3rd Petitioner’s view that the SGR project is not ecologically sustainable as envisaged under Article 69(2) of the Constitution and should be stopped. The petitions where dismissed with costs.