The Plaintiffs challenged a decision by the National Environment Tribunal (NET), that upheld the decision of the National Environment Management Authority (NEMA) in granting the 2nd Respondent Sosian Energy Limited (SEL) an Environmental Impact Assessment (EIA) license to operate a geothermal energy project. The EIA license was contested on among other grounds that there was inadequate public participation. Regarding climate change, the decision of the NET was challenged for requiring the 2nd respondent to conduct a climate change impact assessment without making it a precondition for commencing any project activity.

The court determined that climate impact assessment serves as a mechanism to inform policy development and decision-making, ensuring that actions are in accordance with obligations pertaining to climate change by identifying potential impacts and risks linked to climate change as well as proposed projects or policies. It emphasized that, climate impact assessments are essential for comprehending the potential ramifications of climate change and for formulating effective adaptation and mitigation strategies. Consequently, they ought to be conducted prior to the initiation of a proposed project, during which scoping, stakeholder engagement, risk assessment, and impact analysis are taken into account. 

The appeals court found that the tribunal erred in law and in fact in finding that there was proper public participation and erred in not requiring a climate impact assessment. 

Menengai West Stakeholders Forum, and Solomon Manyarkir and 1 Other v National Environment Management Authority and Sosian Energy Ltd

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Menengai West Stakeholders Forum, and Solomon Manyarkir and 1 Other v National Environment Management Authority and Sosian Energy Ltd - judgment

Filed

Kenya

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives