Mombasa residents have lost a case against telecommunication service provider Safaricom.
The residents had moved to court to prevent the company from building a base transceiver station in Mwembe Tayari, arguing that it will expose them to health hazards.
However, the Environment and Land Court (ELC) has ruled against the wishes of Mombasa residents.
“Being guided by the Court of Appeal decision which no doubt is binding on this court, I do find and hold that the plaintiff’s suit against the defendant (Safaricom) is improperly before this court,” said Justice Charles Yano as quoted by Business Daily.
The residents, led by Mr Mahmood Shariff Ali and ten others wanted to bar Safaricom from erecting the base transceiver within a radius of 500 meters from the piece of land. Through lawyer Sharon Maiga, the residents wanted the court not to grant Safaricom's wish of striking off the case.
“The consultation and public hearing did not comply with the law since it was not publicised nor announced on the radio set out,” the suit papers which were filed in March read in part.
The residents have been advised to apply for alternative forms of dispute resolution due to the fact that the company received licenses from both the Communication Authority of Kenya (CA) and the National Environment Management Authority (Nema).