Court restrains agency from licensing Tiomin
Published by MAC on 2003-03-03
Court restrains agency from licensing Tiomin
By Patrick Beja, The Standard, Nairobi,
March 03 2003
The High Court has restrained the National Environment Management Authority (Nema) from issuing the Environmental Impact Assessment (EIA) licence to Tiomin Resources Inc of Canada.
Tiomin Resources is seeking the EIA licence in respect of titanium mining project.
Mr Justice Andrew Hayanga issued the order last week following a civil case filled by Centre for Environmental Legal Research and Education (Creel) Executive Director, Mr George Mulama Wamukoya.
The order restrained Nema from issuing the EIA to Tiomin company or its subsidiaries pursuant to section 63 of the Environmental Management and Co-ordination Act.
The order remains in force until Nema complies with section 59 of the Act which provides for public review of the Environmental Management Plan (EMP).
Nema now cannot issue the EIA to Tiomin Resources which intends to start titanium mining in Kwale district pending the hearing of the application inter-partes on March 12, 2003.
Wamukoya moved to court to compel Nema to make public the EMP by also giving it to him.
He argues in court papers that EMP is a public document by a select stakeholders' workshop held late 2002 and that there is no basis for the refusal of access to it.
The applicant claims that Nema Director General, Prof Michael Koech, denied him a chance to review EMP in respect of the EIA licence which is being sought from the Authority.
Wamukoya says Creel wanted the EMP to make its recommendations known to Nema on the appropriateness of the EMP in safeguarding and enhancing the environment for the good of present and future generations.
He said he was acting on the basis of section 3 of the Environmental Management and Co-ordination Act No. 8 of 1999 which confers an entitlement to a clean and healthy environment.
Wamukoya also said he was acting on sections 59 and 67(3) of the Act which provides for public reviews of EIA study reports of which EMP is an integral component.
He argued that the alleged refusal by Nema to allow for a public review of the EMP as a deliberate move to facilitate authorisation to commence mining without considering the views of interested parties.
He cited the public notice in the local dailies for a special mining lease by Tiomin Resources Inc.