Omtatah wants NEMA DG punished for contempt in Affordable Housing project

In a Notice of Motion filed in the High Court, Omtatah wants the court to summon Dr. Mamo to appear in person and show cause why he should not be committed to civil jail for six months for allegedly disobeying orders issued on December 11, 2025, by a three-judge bench comprising Justices O.A. Angote, Christine A. Ochieng, and Charles G. Mbogo.

The Senator argues that despite clear and binding conservatory orders staying the ongoing construction of the Southlands Affordable Housing Project pending a ruling scheduled for February 5, 2026, NEMA proceeded to issue an Environmental Impact Assessment (EIA) Licence on December 16, 2025 just five days after the orders were made.

"Punishing this contempt is essential to uphold the rule of law, maintain public confidence inthe judicial system and determination state officers, organs from treating court orders as optional,” reads court papers.

According to Omtatah, the issuance of EIA Licence No. NEMA/EIA/PSL/0001425 fundamentally undermined the purpose of the conservatory orders by altering the legal and factual status quo that the court sought to preserve. 

He contends that the licence supplied the final statutory approval necessary to facilitate the continuation of the halted project, thereby risking rendering the petition nugatory.

Omtatah maintains that NEMA and its Director-General had full knowledge of the court orders, having participated in the proceedings and been duly served, and that the orders remain in force, having neither been varied nor set aside.

In his application, the Senator is also seeking orders to arrest the ruling scheduled for February 5, 2026, until the contempt application is heard and determined.

He further asks the court to nullify and set aside the contested EIA licence, declaring it unlawful, void, and issued in blatant defiance of court orders.

Additionally, Omtatah wants NEMA denied audience before the court until the alleged contempt is purged, arguing that allowing the authority to be heard would amount to condoning disobedience of judicial orders.

He insists that the application is extremely urgent, warning that unless the court intervenes immediately, its authority will be undermined, the rule of law eroded, and public confidence in the judiciary gravely damaged.