LAPSSET Post Judgment: Katiba Institute, Save Lamu, and Natural Justice engage the Lamu Community

Between 2 and 8 April 2025, Katiba Institute, in partnership with Save Lamu and Natural Justice, held community engagement sessions about the LAPSSET case judgement. The meetings targeted representatives from Beach Management Units (BMUs) in Lamu, comprising Amu, Shela, Faza, Kizingitini, Matondoni, Kipungani, Mkunumbi, Mokowe, Kwasasi, Kiunga, Mkokoni, Kiwayuuuuu, and Ndau. 

Participants were taken through the Judgment delivered on 30 April 2018, in which a four-judge bench of the High Court of Kenya declared that the Lamu Port’s construction violated several constitutional and legal requirements. The court found that the Port’s construction would interfere with the traditional fishing rights of some 4,734 fisherfolk from Lamu County. These rights had implications for their rights to a clean and healthy environment and social and economic rights under the Constitution. 

The Court awarded fisherfolk in Lamu compensation of KShs. 1,760,424,000. This was in recognition of the adverse interference the construction of a deep-sea port in Lamu would have on the fisherfolk’s traditional fishing rights—the judgment structured compensation into two distinct but interdependent phases—the first, transition cash compensation, intended to address the immediate displacement and income loss experienced by fisherfolk. The second phase was to support sustainable development projects that are community-driven, environmentally sound, and culturally responsive.  

According to Lempaa Suiyanka, the community advocate, over 95% of the eligible fishermen have since received their transition cash compensation. This represents an important milestone and demonstrates significant progress in implementing the judgment. The process of completing the remaining portion of the transition cash compensation is being fast-tracked.  

However, the amount earmarked for sustainable fisherfolk livelihood development has yet to be utilised as envisioned by the Judgment.

In this regard, the community engagement meetings also acted as a platform for collecting the community’s views on the second phase of the compensation.

Since 2021, the compensation process has been overseen by a task force comprised of the parties in the court case (i.e. Kenya Ports Authority and other state agencies, Lamu County Government and representatives of the fisherfolk).  

The community thanked the Katiba Institute, Natural Justice, and Save Lamu teams for supporting them in fighting for justice throughout the court process.

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