Safaricom House in Westlands, Nairobi. Some residents in Mombasa are seeking a permanent injunction barring Safaricom Ltd 
Summary
- Mr Mahmood Shariff Ali and 10 others want the mobile phone service provider barred from erecting the base trans-receiver station or within a radius of 500 metres from the parcel of land.
- The plaintiffs further said that Safaricom Ltd has failed to comply with the requirements for conducting the proposed project
- Safaricom has filed a notice of preliminary objection to the suit
Some residents in Mombasa are seeking a permanent injunction
barring Safaricom Ltd from erecting a base trans-receiver station on a
parcel of land in Mwembe Tayari.
According to the suit
papers, an environmental impact assessment was conducted that
acknowledged that the residents and stakeholders were exposed to health
hazards due to the levels of electromagnetic radiation emitted.
Mr
Mahmood Shariff Ali and 10 others want the mobile phone service
provider barred from erecting the base trans-receiver station or within a
radius of 500 metres from the parcel of land.
Through
lawyer Jack Matheka, the residents said in line with environmental
regulations, Safaricom caused its agents to seek consent of the
neighbours so as to be allowed to erect the station.
The
residents said after they were informed of the exercise, the impact and
consequences of the base trans-receiver station, they unanimously
refused to allow Safaricom and its agents to construct the station.
“On
diverse dates, the plaintiffs and the defendant were engaged in
consultations with respect to the erection of base trans-receiver
station through letters prepared by Mazingira Ltd,”the suit papers read.
Alternative mechanism
The
residents further argue that the environmental impact assessment failed
to provide an alternative mechanism as required by law.
“The
consultation and public hearing did not comply with the law since it
was not publicised nor announced in the radio set out,” the suit papers
further stated.
The plaintiffs further argue that the
assessment provided mitigation recommendation which were not sufficient
to effectively protect the health and wellbeing of the children and
residents living on the parcel of land at Sargoi Kipande, Mwembe Tayari
near Uhuru Gardens.
They further said that pursuant to
the findings of the environmental impact assessment, residents and
stakeholders submitted their rejection of the proposed project with
respect to the health hazards posed.
The plaintiffs
contend that regardless of the submissions of their decision, Safaricom
Ltd continues with their proposed project, putting their health at risk.
“The
defendant through the area chief conducted meetings with a few
residents in order to coerce consent, none of them (meetings) are
publicised in the local and national dailies or announced in the radio
as required by law,” the suit papers read in part.
Comply with requirements
The
plaintiffs further said that Safaricom Ltd has failed to comply with
the requirements for conducting the proposed project by failing or
ignoring to seek the consent of the Communication Authority of Kenya
before carrying out the proposed project.
Safaricom has filed a notice of preliminary objection to the suit.
Hearing on the plaintiffs’ application and the objection by Safaricom has been fixed for November 11.
Hearing on the plaintiffs’ application and the objection by Safaricom has been fixed for November 11.
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