Case: Joyce Euncan and others v Tullow Oil PLC ELC Petition No E001 of 2024
Court: The Environmental and Land Court at Lodwar
Evidence increasingly demonstrates that large-scale mining, oil and gas extraction has historically been highly gendered and deeply masculine. Whereas both men and women participate in the extractive industry, they have very different experiences of the impact of extractive activities – women are often more at risk of harmful social and environmental impacts of the extractive industry.
On 28 February 2024, residents and community members of Turkana County filed a petition in the Environment and Land Court in Lodwar, seeking to hold the State and Tullow Oil PLC, a multinational corporation specialized in oil and natural gas exploration and licensed by National Environment and Management Authority (NEMA) in Kenya to conduct exploratory and oil drilling in Lokichar Basin in Turkana County accountable for the harmful social and environmental degradation and degeneration caused by oil drilling and exploration that has resulted in violation of the constitutional rights to clean and healthy environment, clean and safe water in adequate quantities, right to the highest attainable standard of health, right to life, right to development and security of person.
This case is therefore important because it raises issues of grave importance on the impact of extractive activities on the host community and the nature and extent of state obligation to protect the host community from the harmful effects of extractives. In resource extraction, women and men are differently affected because they have different social roles, rights, and opportunities in the community. In order to assist the court understand the gender impacts of extractives on a community, ISLA and KELIN sought for leave to intervene as joint amici.
On 22 October 2024, the Environment and Land Court in Lodwar admitted KELIN and ISLA as joint amici curiae to provide information to the court on how women are disproportionately affected by social and environmental impacts of extractive industries; and the nature and extent of state obligation to eliminate indirect discrimination against women in the extractive industries.
In granting leave to intervene as joint amici, the court observed that KELIN and ISLA had demonstrated expertise in the area of women’s rights, equality and social justice and that the information that they intended to provide to the court, on the gendered and disproportionate impact of natural resource exploitation was important to the court in nuancing gendered impacts of extractives. The court also noted that while there were several female petitioners who had sworn dispositions on their experiences of the extractive activities, they did this in their individual capacities. As a result, there was need for the joint amicus perspective on how natural resource exploitation affects women in particular. The court observed that the amici were providing valuable information to the court not being provided by any other party. Lastly, the court was of the view that the perspectives of amici were critical and intrinsically linked to the Petition, and would assist the court as it determined the matters before it.
ISLA and KELIN respectfully believe that their intervention in the case will assist the court develop jurisprudence on the nature and extent of state obligations to protect women from the impacts of resource extraction.
End.
For more information or enquiries contact:
Nyokabi Njogu
Advocate for the joint amici
Kenya Legal and Ethical Issues Network on HIV & AIDS (KELIN)
Karen C, Kuwinda Lane, Off Langata Road
PO Box 112 – 00202 KNH
Tel: 0790 111578
Email: litigation@kelinkenya.org
NAIROBI
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Carolene Kituku
Advocate for the joint amici
ISLA Women’s Socio-economic Rights Lawyer
Email: Carolene @the-isla.org
Phone: +254720467396
