Country
Kenya
Sources
InforMEA
Tagging
Environmental Impact Assessments, Biodiversity, Jurisdiction, Precaution, Land Use, Polluter Pays, Remedies, Wetlands, Human Rights, Constitutional
Abstract

The petitioner was a registered trust with the objective to protect and conserve the waters of Lake Turkana and work with the local communities wellbeing and ensuring peace in the region. The Government of Kenya had entered into an agreement with the Government of Ethiopia and was in a process of constructing dams for the purpose of generating hydro-electric power along the Omu River.

The petitioner wanted orders compelling the Government of Kenya to disclose the agreements entered into regarding the hydropower project and prohibiting the Government of Kenya from making further agreements with the Government of Ethiopia relating to such projects. The petitioners meant that the projects would affect the Lake Turkana in such a way that the communities around the lake would be deprived of their livelihood, lifestyle and cultural heritage.

The Court ordered the Government of Kenya to disclose the agreements entered into with Ethiopia in accordance with the right to access information. The Court then ordered the Government of Kenya to take the necessary steps and measures to ensure that the Lake Turkana was sustainably managed, utilised and conserved. The Court, however, did not prohibit further agreements. Instead it pointed out the need for an environmental impact assessment on the potential effects of coming projects.