Ministry of Environment and Forests acted illegally when it provided an opportunity for project developers to obtain post facto environmental clearance for activities conducted without prior environmental review and authorization.
The government of Kenya has an affirmative duty to publicly disclose a power purchase agreement with Ethiopia and information describing the possible social and environmental impacts of hydropower facilities in Ethiopia that would divert water flowing into Lake Turkana. The State must also ensure Lake Turkana is sustainably managed utilized and conserved, and exercise the necessary precautions in preventing environmental harm that may arise from any power purchase agreements with Ethiopia.
The National Green Tribunal suspended the environmental clearance for a proposed hydroelectric dam until a study is completed to determine the impact of the project on endangered Black-necked cranes and its habitat.
