High Court judges are set to visit the Lake Turkana Wind Power project on October 17 over a protracted land dispute.
The ruling to visit the site was made by a three-judge bench comprising justices Samuel Mkunya, Lucy Mbugua and Enock Cherono after the power producer through lawyer James Waitoro made the site application before hearing of the case.
Marsabit residents have accused the firm of acquiring 150,000 acres of their ancestral land for its Sh75 billion project without following due process.
They claim there was no public consultation organised between residents of Laisamis Constituency where the project is situated, and the firm.
The Vision 2030 project is expected to add 310 megawatts to the national grid.
The residents’ lawyer Amina Hashi had opposed the application saying the hearing should continue because all the court needs to know is how the land was acquired and not what is currently on that land.
She said the hearing should continue because the residents were at risk of losing their land.
Ms Hashi also made an application urging the court to provide interpreters for Samburu, Rendile and Turkana communities who are always in court during the hearing.
The judges in their ruling said, “We have considered the site visit. We have agreed that there is need to visit the site. Each party shall meet it cost.”
In the suit Marsabit County Government, the Attorney-General, the Chief Land Registrar, and the National Land Commission have been named as respondents.
The case will be heard again from November 5 to 8.
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