Activist sues Nema for allowing tycoon to construct wall on wetland

An activist has filed a case against the National Environment Management Authority (Nema) for issuing a licence to a Mombasa tycoon to develop a boundary wall on a wetland.

The Commission for Human Rights and Justice, Executive Director Julius Ogogoh, accuses Nema of giving Mohamed Bawazir a licence to construct the boundary wall in Bombolulu.

In the case filed under a certificate of urgency before the National Environment Tribunal, Ogogoh argues that the wall will adversely affect the lives of the residents living around the said wetland.

Justices Emmanuel Mumia, Winnie Suma, Duncan Kuria, Ronald Allamano and David Njuguna certified the case urgent and directed all parties to file responses before November 7, 2025.

"The Tribunal has reviewed the Notice of Motion dated September 15, 2025, brought under certificate of urgency and the grounds contained in the body of the Notice of Motion, together with the supporting affidavit deposed by Ogogoh. The application is hereby certified as urgent," said Justice Mumia.

Ogogoh claimed that the construction of the boundary will amount to encroachment of an area that has been categorised as a wetland without taking into consideration its effects on the lives, properties, plants, animals, businesses and environment.

"Pending the hearing and determination of this motion or until further orders, this Honourable Tribunal be pleased to issue an order of temporary injunction to forthwith stop the Bawazir (2nd respondent) from carrying out the construction of the boundary wall on all that property known as Plot LR No. MN/1/43 Bombolulu, Mombasa County," he said.

The Director submitted that the proposed area for the intended boundary wall is crucial in maintaining water flow and maintaining water levels, which is a buffer against flooding, and construction of the same could lead to irresponsible use of land and cause irreversible damage to the area's biodiversity, degradation of air quality, exposure to chronic diseases and the erosion of cultural practices of the indigenous people of the region.

"The area being developed is a seasonal swampy area and is considered a wetland with the capacity to absorb and filter water, subject to protection and conservation and ecological integrity, exacerbating flooding during heavy rains," said Ogogoh.

The Director claimed that the ETA Licence Conditions failed to fully provide effective mitigation measures that the developer must adhere to in the construction and operation of the project.

He argued that the failure to properly include these measures in the ETA Licence Conditions could potentially result in further negative impacts on the environment, communities and their livelihoods in breach of the State's duty to protect them under Articles 42, 69 and 70.

"Prior to the issuance of Licence No. NEMA/EIA/PSL/34041 there had been widespread public outcry against the intended project in the area due to foreseeable negative environmental impacts, as a result of flooding which will lead to residents being displaced from their homes, an outbreak of diseases due to water quality degradation, including cholera, typhoid, dysentery and hepatitis A, and destruction of property causing grave economic consequences," said Ogogoh.

The Director submitted that wetlands are critical ecosystems that provide a variety of services, such as water filtration, habitat for biodiversity, and natural flood regulation.

"However, when these areas flood, the effects on human life can be multifaceted, depending on the extent, duration, and nature of the flooding, including displacement and damage to infrastructure," said Ogogoh.

He said the flooded wetlands can lead to the inundation of nearby human settlements, agricultural fields, and infrastructure, resulting in property damage, displacement of people, and economic losses due to the destruction of crops and buildings.

The director said the health hazards from wetland flooding can exacerbate the spread of waterborne diseases.

"Stagnant floodwaters can carry pathogens, bacteria, and viruses, leading to outbreaks of diseases like cholera, dysentery, and malaria. Standing water also provides a breeding ground for mosquitoes, increasing the risk of vector-borne diseases like malaria and dengue," said Ogogoh.

He said in flooded urban areas, pollutants such as sewage, chemicals, and pesticides can be washed into wetlands, which might then be released back into the environment, posing risks to human health and wildlife.

"Unless this matter is certified urgent and an order for stay of Licence No. NEMA/EIA/PSL/34041 is granted, the damage to the environment, the community, the country, and the world will be irreversible, and the appeal will be rendered nugatory, thereby defeating the ends of justice," said Ogogoh.