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 businessman to build a boundary wall on a wetland in Bombolulu. Julius Ogogoh, Executive Director of the Commission for Human Rights and Justice, accuses NEMA of unlawfully granting Mohamed Bawazir permission to construct the wall, which he argues will negatively affect nearby residents and the environment. The case, filed under a certificate of urgency before the National Environment Tribunal, was certified as urgent by Justices Emmanuel Mumia, Winnie Suma, Duncan Kuria, Ronald Allamano, and David Njuguna. All parties have been directed to file responses before November 7, 2025. Ogogoh contends that the wall’s construction amounts to encroachment on a protected wetland, potentially harming local biodiversity, air quality, and community livelihoods. He seeks a temporary injunction to halt construction on Plot LR No. MN/1/43 Bombolulu until the case is determined. He further argues that NEMA’s licence conditions failed to include adequate mitigation measures, violating the State’s obligation to protect the environment under Articles 42, 69, and 70 of the Constitution. Ogogoh highlighted that the area serves as a natural flood buffer, and construction could worsen flooding, cause displacement, spread waterborne diseases such as cholera and malaria, and damage property. He warned that failure to suspend the licence could result in irreversible environmental and social damage.