Failure on NEMA’s part to gazette the ‘Environmental and Social Impact Assessment Study Report for construction of the first three berths of the proposed Lamu Port and associated infrastructure’ to invite public comment.
The public has been invited to comment in relation to the Environmental and Social Impact Assessment Study Report for construction of the first three berths of the proposed Lamu Port and associated infrastructure, the deadline of which is close of business on Friday, 15th March 2013.
Further to the above and pursuant to Regulation 21 of the Environmental (Impact Assessment and Audit) Regulations 2003, although the public has been invited to make oral or written comments on the report, the invitation has not been gazetted.
By virtue of Regulation 21 (2) (a) and (b), NEMA, at the expense of the Ministry of Transport, ought to have published the invitation to the public to submit oral or written comment through the following ways:
1. Publishing for two successive weeks in the Gazette;
2. Publishing for two successive weeks in a newspaper with nation-wide circulation, and particularly a wide circulation in the area of the proposed project;
3. Publishing a public notice once a week inviting the public to submit oral or written comments on the environmental impact assessment study report; and
4. Making an announcement of the notice, in both official and local languages at least once a week for two consecutive weeks in a radio with nation-wide coverage.
None of the above means have been used to publicise or gazette the invitation and as a result there has been no public awareness of this report, which is substantially detrimental to the area in question in light of the proposed project. Furthermore, it is preposterous to have invited public comment, yet the public has not been made aware of such an invitation.
I thereby request for Regulation 21 of the Environmental Regulations 2003 to be followed in its entirety, in that to undertake to publish the invitation for public comment by way of all the communication means stipulated in Regulation 21 (2) (a) and (b).
Consequently, we request for an extension of the time period to allow the submission of the oral or written comments by the public.
I look forward to hearing back from you favourably.
Kind Regards,
