MALINDI, Kenya — The Environment and Land Court in Malindi has temporarily halted the implementation of the proposed Sh70 billion nuclear power project in Kilifi County, pending the hearing and determination of an application challenging its legality.
In directions issued by Justice Mwangi Njoroge on December 24, the court certified the application filed by Halima Lal Mohamed as urgent and ordered the maintenance of the status quo over the project until January 7, 2026, when the matter will come up for inter partes hearing.
The case, filed under reference ELC PET E017 of 2025, pits the petitioner against the Attorney General, the National Environment Management Authority (NEMA), and three other respondents.
The petitioner is challenging approvals linked to the proposed nuclear facility, citing alleged violations of environmental law and constitutional safeguards.
Justice Njoroge directed the applicant to serve the notice of motion forthwith upon all respondents and the affidavit of service to be filed accordingly.
The respondents were ordered to file and serve their responses within seven days of service, while the petitioner was granted seven days thereafter to file any supplementary affidavit.
“The application is certified as urgent,” the judge ruled, adding that the matter would be mentioned on January 7, 2026, for directions on the way forward and for inter partes hearing of the application.
Crucially, the court ordered that the status quo on the plot earmarked for the Sh70bn nuclear power project be preserved from December 24, effectively freezing any further implementation steps, approvals, or construction-related activities until the court determines the issues raised.
The judge further directed that the interim orders be strictly observed by all parties for a period of 14 days from the date of issuance, warning against any actions that could prejudice the proceedings.
The petition invokes provisions of the Environmental Management and Coordination Act (EMCA), including Sections 70(1) and (3), as well as constitutional protections under Articles 10, 42, and 70 of the Constitution, which guarantee public participation, the right to a clean and healthy environment, and access to environmental justice.
While details of the substantive grounds of the petition are yet to be ventilated in court, the case is expected to scrutinise whether the licensing and environmental approvals granted for the nuclear project complied with legal requirements, including public participation, environmental impact assessments, and risk disclosure.
NEMA, which is listed as a respondent, has previously maintained that all major infrastructure projects undergo rigorous environmental impact assessments before approval, in line with Kenyan law. The Attorney General is sued as the principal legal representative of the national government.
The January 7 hearing is expected to determine whether the conservatory orders will be extended and whether the petition raises sufficient constitutional and environmental questions to warrant a full hearing.
The case adds to a growing list of high-stakes environmental disputes being litigated before Kenya’s specialised Environment and Land Court, reflecting increased public scrutiny of mega infrastructure projects and their compliance with environmental and constitutional standards.
