The Environment and Land Court (ELC) has dismissed a petition by two Likoni residents challenging the construction of a Ksh 16 billion ($130.5 million) Liquefied Petroleum Gas (LPG) terminus by Taifa Gas Investments SEZ Ltd at the Dongo Kundu Special Economic Zone in Mombasa. The court ruled that it lacked jurisdiction to rehear the case, as the matter had already been addressed by the National Environmental Tribunal, clearing a major legal hurdle for the strategic energy project associated with Tanzanian billionaire Rostam Aziz.
The petitioners, Mohamed Karungu and Raphael Nyiro, argued that the LPG terminal posed significant environmental risks, including clearing indigenous trees, soil erosion, and disruption to marine ecosystems and local fishing grounds. They also claimed that critical public consultations had been bypassed and sought compensation for alleged unauthorized works.
In the ruling, Justice stated that the claims were premature and procedural in nature, emphasizing that issues surrounding Environmental Impact Assessment (EIA) licensing fall under the National Environmental Tribunal’s mandate. “The issues raised are properly dealt with by the National Environmental Tribunal in the exercise of its powers relating to Environmental Impact Assessment licensing,” the judge noted.
Taifa Gas welcomed the ruling, describing it as a validation of its compliance with environmental regulations. A company spokesperson said, “We remain committed to adhering to all environmental standards and contributing positively to the Dongo Kundu SEZ and local communities.”
The 30,000-tonne capacity LPG terminal is expected to enhance Kenya’s regional energy supply, potentially lowering cooking gas prices, and transforming Mombasa into a key export hub for landlocked countries including Uganda, Rwanda, and the Democratic Republic of Congo. The project, licensed in early 2023 after bilateral discussions between Kenyan President William Ruto and Tanzanian President Samia Suluhu Hassan, is also set to intensify competition within Kenya’s LPG market, attracting interest from at least 13 other firms seeking similar licenses.
