NAIROBI, Kenya — Kenya’s planned nuclear power project has been challenged at the East African Court of Justice over its proposed location near Lake Victoria, with the petitioner raising concerns about environmental risks, public consultation and potential cross-border impacts.
The project, initially estimated at about Sh490 billion, is now planned to generate between 2,000 and 5,000 megawatts at a proposed site in Bondo, Siaya County, near the eastern shores of Lake Victoria.
The case was filed on September 23 by Dickens Ochieng, a Siaya resident and human rights lawyer, who is challenging the government’s decision to pursue the project in the Lake Victoria region.
According to Mongabay News, Ochieng wants the regional court to examine whether the proposed location is suitable for a nuclear facility, citing environmental and ecological concerns associated with placing the plant near Lake Victoria.
Push For Cross-Border Environmental Assessment
Ochieng is also seeking a transboundary environmental assessment, arguing that the potential effects of the project could extend beyond Kenya because Lake Victoria is shared by Kenya, Uganda and Tanzania.
The lake supports millions of people across the three countries through fishing, agriculture, transport and other economic activities. Its waters also form part of the wider Nile Basin, which extends across several African countries.
The petition therefore brings the proposed nuclear project into a wider regional environmental context, particularly because of the lake’s importance to communities and economies around its basin.
Volcanic Risks Raised
The legal challenge also questions Kenya’s environmental assessment of its nuclear energy programme.
A Strategic Environmental Assessment prepared for the programme identified volcanic hazards in the Lake Victoria region as a factor that could affect the safety of a nuclear power plant.
Ochieng has also raised security concerns and alleged that the government has not undertaken adequate public consultation or put in place sufficient measures to mitigate potential risks.
These issues are now before the regional court and have not been determined on their merits.
NuPEA Says Process Is Phased
The challenge comes as Kenya continues preparations for its nuclear energy programme.
The Nuclear Power and Energy Agency (NuPEA) has said the country is following a phased process involving site assessment, environmental studies, development of regulatory frameworks and public participation.
Kenya has previously considered several potential locations for its first nuclear facility, including Uyombo in Kilifi County and an unspecified site in Turkana County, before attention shifted to the Lake Victoria region.
The proposed capacity has also increased over time, with the current plan targeting between 2,000MW and 5,000MW.
Project Faces Earlier Environmental Scrutiny
Kenya’s nuclear programme has previously faced scrutiny over the adequacy of its environmental assessment.
The Netherlands Commission for Environmental Assessment has said the assessment required key revisions before it could provide a sufficient basis for informed decision-making.
Nuclear power projects also require substantial capital investment, complex regulatory systems and lengthy development periods before electricity generation can begin.
The government has nevertheless continued to pursue nuclear energy as part of efforts to expand electricity generation and diversify Kenya’s energy mix.
The East African Court of Justice has given the Kenyan government 45 days to respond to the latest case.
