Senator Okiya Omtatah has moved to the High Court seeking to have the Director-General of the National Environment Management Authority (NEMA), Dr Mamo Boru Mamo, cited for contempt of court over the alleged defiance of conservatory orders issued in December last year.
In a Notice of Motion filed in court, Omtatah wants Dr Mamo summoned to appear in person and explain why he should not be punished for contempt, including being committed to civil jail for six months, for allegedly disobeying orders issued on December 11, 2025.
The orders were issued by a three-judge bench comprising Justices O.A. Angote, Christine A. Ochieng and Charles G. Mbogo, who directed that construction of the Southlands Affordable Housing Project be halted pending a ruling scheduled for February 5, 2026.
According to the Senator, despite the clear and binding conservatory orders, NEMA went ahead and issued an Environmental Impact Assessment (EIA) licence on December 16, 2025 — just five days after the court decision.
In his court papers, Omtatah argues that the move directly undermined the authority of the court and defeated the purpose of the conservatory orders, which were meant to preserve the status quo until the petition is heard and determined.
“Punishing this contempt is essential to uphold the rule of law and maintain public confidence in the judicial system, and to deter state officers and organs from treating court orders as optional,” Omtatah states in his application.
He contends that the issuance of EIA Licence No. NEMA/EIA/PSL/0001425 effectively provided the final statutory approval required to allow the stalled project to proceed, risking rendering the ongoing petition meaningless.
The Senator maintains that NEMA and its Director-General were fully aware of the court orders, having participated in the proceedings and been properly served. He adds that the orders remain in force, having neither been varied nor set aside.
In addition to seeking contempt sanctions, Omtatah has asked the court to suspend the ruling scheduled for February 5, 2026, until the contempt application is heard and determined.
He is also urging the court to nullify and set aside the contested EIA licence, arguing that it was issued unlawfully and in blatant disregard of the court’s authority.
Further, the Senator wants NEMA barred from being heard in the matter until the alleged contempt is purged, insisting that allowing the authority to participate in proceedings would amount to condoning disobedience of court orders.
Describing the matter as extremely urgent, Omtatah warned that failure by the court to intervene would undermine its authority, erode the rule of law, and weaken public confidence in the justice system.
