LOK Law Advocates LLP Secures Landmark Win in Taifa Gas Environmental Petition

The Environment and Land Court in Mombasa has issued a landmark ruling in Petition No. E006 of 2025 – Mohamed Said Ali Karungu & Another v National Environment Management Authority (NEMA) & Taifa Gas Investment SEZ Limited. The Court upheld a Preliminary Objection by LOK Law Advocates LLP, acting for Taifa Gas Investment SEZ Limited, and struck out the Petition and its accompanying application in full.

The ELC Court’s decision reaffirms the finality of National Environment Tribunal (NET) decisions and underscores the need for litigants to follow statutory procedures under the Environmental Management and Coordination Act (EMCA).

The Petitioners sought to halt construction of a 30,000MT Liquefied Petroleum Gas (LPG) terminal at Plot LR No. Mombasa/Mainland South/Block IV/247 in the Dongo Kundu Special Economic Zone, alleging insufficient public participation, inadequate environmental assessment, and non-compliance with statutory permits.

The Respondent, represented by LOK Law Advocates LLP, argued successfully that these issues had already been fully addressed and determined by the National Environment Tribunal (NET) in Consolidated Appeal Nos. 37, 41, and 46 of 2022, which were dismissed by a detailed judgment on 31 January 2024.

The Court held that the Petition was barred by the doctrine of res judicata under Section 7 of the Civil Procedure Act, finding that:

1. The subject matter, parties, and issues were identical to those adjudicated before the NET.
2. Although the Petitioners were not named parties in the NET proceedings, they litigated under the same title and interest as the previous appellants, as residents of the same community and represented by the same counsel.
3. The Tribunal, as a body of competent jurisdiction under Section 129 of the EMCA, had already issued a final and binding judgment on the environmental issues now before the Court.

The Court emphasized that under Sections 129 and 130 of the EMCA, environmental disputes regarding Environmental Impact Assessment (EIA) licenses must first be resolved through the Tribunal and appellate process before seeking constitutional relief.

The Court found that the Petitioners had not exhausted available statutory remedies, making the Petition premature, incompetent, and an abuse of court process.

The Court noted that EIA Licence No. NEMA/EIA/PSL/21998 was duly issued by NEMA following a comprehensive environmental assessment process, including public participation, stakeholder consultations, and environmental audits as required by the Environmental (Impact Assessment and Audit) Regulations, 2003.

The Court affirmed that Taifa Gas Investment SEZ Limited fully complied with all legal and regulatory requirements, and found the Petitioners’ claims of non-compliance to be unsubstantiated and speculative. This ruling reinforces the principle that environmental governance in Kenya is guided by structured, statutory mechanisms under EMCA. The Court has affirmed the integrity of environmental licensing processes and the finality of judicial decisions. We are proud to have safeguarded our client’s rights and the rule of law.

This ruling highlights three key principles in environmental and constitutional litigation:

• Res Judicata: Parties cannot present issues already determined by a competent tribunal as new constitutional claims.
• Exhaustion Doctrine: Statutory procedures under EMCA must be fully pursued before approaching the courts.
• Judicial Economy: Courts must prevent repetitive or vexatious litigation intended to obstruct lawful developments.
  The decision brings closure to a lengthy legal dispute and allows the Taifa Gas Dongo Kundu project, a key investment under Kenya’s Special Economic Zones framework, to proceed without further legal barriers.