A company trading as Kenya Towers limited is in court seeking to overturn the decision of a Magistrate, stopping the set up of s a base transceiver within Nyayo Estate meant to transmit radiation.
The appellant company is aggrieved with ruling of the court issued on 6 August 2018
It says through their advocate, that at the hearing of the application they will raise points o law and facts and urge the court set aside the order barring the set up of the transmission facilities.
However when parties appeared before the deputy registrar of the high court, they were directed to appear before the presiding judge in May 2019 for the direction fo their case.
Over two hundred residents of Nyayo Estate in Nairobi, filed a case at the high court seeking to stop a private company from setting up a base transceiver station within their area of residence that is meant to transmit radiations.
The inhabitants told the court that base station being set up by Eton Towers Lidcom limited will pose health hazard to the residents of the vast Estate.
“The base transceiver station being set up by the a private company is health hazardous since its emits radiations which are well known to be a major cause of cancer, behavioral symptoms that cause sleeping” the applicants argued.
The applicants through Philip Bosire, Alice Oeri and Tom Mwarabu accused National Environmental Management Authority (NEMA) and Communication Authority of Kenya CAK) for allowing the setting up of the base station without considering the health risk that will occur ones the project is complete.
CAK gave approval through letter dated 29 September 2017 without following the due process of public participation by involving the residents who will be the consumers of the communications services which it intend to improve in the area.
” The residents stand to suffer irreparable harm. as a result of the procedure and decision made by the two government institutions which have acted in total violation of the constitution” the applicants stated.
They contended that at the hearing of their application, they will through their lawyer Kelvin Ndungu ask the court to issue an order to quash the decision of NEMA and CAK to issue authority to the private company to set up the Base Station within their residential houses.
They asked the court to issue prohibition order to halt the construction of the Base station in view of the negative effect it will pose to the residents.
They applied to the court to declare the decisions and issuance of the license to the private firm to construct and install the base transceiver station at Nyayo Estate Nairobi as illegal and unconstitutional.
The applicants further asked the court to issue injunction against Eton Towers from constructing and making installations until the matter before the high court is heard and determined.
The applicants are residents of Nyayo Estate who have lived there peacefully for many years and have never had any problems with the use communication equipment already in existence, saying the one being constructed by the private company now is harmful and dangerous to the human habitat.
The court after hearing the applicant’s case it issued orders halting the intended construction and installing of transceiver facilities.
Ends.