Kenya’s nuclear power project faces East African Court challenge over environmental concerns

Kenya’s proposed nuclear power project in Bondo, which has been discussed as having a potential capacity of 2,000-5,000 megawatts, has been challenged at the East African Court of Justice over environmental and safety concerns, according to Mongabay News.

Dickens Ochieng, a Siaya-based human rights lawyer, filed the case on September 23 through J. Henry and Company Advocates, asking the regional court to examine the suitability of the proposed site and require a transboundary environmental assessment. The government has 45 days to respond to the petition.

“I filed a reference at the East African Court of Justice on two grounds,” Ochieng said, as quoted by Mongabay News. “First, I want the court to determine if we should even have that nuclear power plant in Victoria Lake given the ecological and environmental risk that may be associated with it.”

“Then, I am asking for the project to have a transboundary environmental impact assessment, as Victoria Lake is not only a Kenyan matter.”

According to the Lake Victoria Basin Commission, the 68,800-square-kilometre lake is shared by Kenya, Uganda and Tanzania, while its wider basin supports more than 45mn people across five countries and forms the headwaters of the White Nile.

Kenya has promoted nuclear power as part of efforts to diversify its electricity mix and meet rising demand, although the project remains at a planning and development stage.

A 2023 Strategic Environmental Assessment prepared for Kenya’s nuclear power programme identified volcanic hazards in the Lake Victoria region as a potential nuclear safety risk. The assessment identified volcanic hazards in the Lake Victoria and Lake Turkana regions as factors requiring consideration in nuclear power development.

Ochieng said he also wanted the court to consider the regional security implications of locating a nuclear facility near Lake Victoria.

“We have seen nuclear power plants being targeted in Ukraine, in Iran. Here, we have issues with Al-Shabaab; they are attacking facilities in Kenya. I want the court to determine if putting up a nuclear power plant in Victoria Lake is a regional security issue.”

The petition alleges that the Kenyan government failed to adequately consult local communities and did not propose sufficient mitigation measures for the Lake Victoria basin.

The proposed plant in Bondo Sub-County, Siaya County, has faced local opposition, including protests during public consultations. The dispute highlights the importance of community consultation and environmental safeguards in the approval process for major infrastructure projects.