GDC, NEMA sued over noise pollution

Geothermal Development Company (GDC) is facing a legal suit over noise pollution from its geothermal drilling activities

Baboon Project Kenya has petitioned the Environment and Lands Court in Nakuru to suspend or revoke the company’s licenses to run certain geothermal projects.

The lobby has complained of severe noise pollution and environmental degradation from the Menengai Geothermal Project being undertaken by the GDC.

 Baboon project which is a non-profit organization dedicated to wildlife and nature protection, has alleged failure by both GDC and the National Environmental Management Authority (NEMA) to safeguard the environment as mandated by the law.

They argue that the continuous activities at the Menengai field, primarily steam venting and drilling operations, generate excessive noise and vibration pollution, causing irreversible environmental damage and violating the fundamental rights of the community and wildlife, including baboons, in the surrounding area.

They claim that the GDC’s operations and NEMA’s oversight have contravened various laws and regulations.

“They have contravened laws that guarantee the right to a clean and healthy environment; additionally, they have failed to conduct proper environmental baseline studies and biodiversity assessments. There has been direct breach of specific regulations designed to govern noise levels,” read the petition in part.

Furthermore, they fault the Respondents for the failure to ensure meaningful public participation in the Environmental Impact Assessment (EIA) process, a procedural flaw that has often led to the invalidation of project licenses in similar cases.

The Baboon Project Kenya is seeking orders to halt the constitutional and statutory breaches and compel the respondents to rectify the environmental damage.

“A formal declaration that the actions and omissions of GDC and NEMA have violated the constitutional right to a clean and healthy environment. Secondly, we seek orders to quash, suspend, or revoke the existing Environmental Impact Assessment (EIA) license granted for the Menengai project, as it was based on a flawed study and inadequate public participation,” read part of the petition.

Additionally, the Baboon Project Kenya seeks: “A mandatory order compelling GDC to immediately cease or strictly regulate all noise-generating activities, such as steam venting and drilling, until adequate mitigation measures that comply with the law are installed.

They are also seeking a mandatory injunction compelling GDC to undertake a fresh, comprehensive Environmental and Social Impact Assessment (ESIA) study that includes proper biodiversity assessment and genuinely incorporates the views of all affected stakeholders and communities.”

The matter will be mentioned on December 17.