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Gitson Energy demands transparency on NEMA licensing for Marsabit power projects

NAIROBI, Kenya, Nov 7 – Gitson Energy Limited has written to the National Environment Management Authority (NEMA) seeking full disclosure of all approved and pending Environmental Impact Assessment (EIA) studies and licenses issued for power projects in Marsabit County, citing concerns over compliance with Kenya’s environmental and community land laws.

In the letter dated November 1, 2025, addressed to NEMA Director General, Gitson Energy Chief Executive Officer, Jardes Gitau, invoked Article 35 of the Constitution and the Access to Information Act, 2016, demanding transparency on all energy-related approvals in the northern Kenya county.

The firm asked NEMA to provide a detailed list of all issued and pending environmental licenses for power projects, including application and approval dates, and copies of land ownership documents submitted by applicants – noting that most of Marsabit County lies on community land governed by the Community Land Act, 2016.

Gitau questioned whether NEMA had issued any EIA approvals in the absence of an appointed Community Land Registrar for Marsabit County, referencing a May 2023 ruling by the Environment and Land Court in Isiolo which confirmed that such an appointment had not yet been made.

“Has NEMA in approving or licensing any power projects in Marsabit County without the appointment of the Community Land Registrar violated the Constitution and other applicable laws?” the letter queried.

The company further cited the Court of Appeal judgment in Gitson Energy Limited v Francis Chachu Ganya & 6 others (2017), which affirmed Gitson Energy’s land rights to develop its proposed wind and solar hybrid project in Bubisa, Marsabit County, under Section 46 of the Community Land Act.

Gitson Energy argued that any new licenses issued by NEMA to other investors without adherence to this ruling could amount to a breach of the law and create unfair competition. The firm also sought disclosure of fees collected by NEMA from power project applications in Marsabit, including payment records and approval dates.

The letter was copied to the Principal Secretary for Energy and the Director General of the Energy and Petroleum Regulatory Authority (EPRA), signaling a wider push for inter-agency accountability on environmental approvals and community land use in renewable energy projects.

The request comes amid growing scrutiny over land ownership, environmental compliance, and project approvals in northern Kenya’s energy corridor, a region that hosts flagship ventures such as the Lake Turkana Wind Power Project and major transmission line developments.

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