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The land is now set to revert to locals after a one-year window issued in 2021 to regularise the deal lapsed.

On Thursday the High Court handed the firm its second blow after it rejected an application for an extension of time to regularise the process of acquisition.

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Justices Peter Muchoki, Yuvinalis Angima and Grace Kemei said the law has given some timelines in which the Cabinet Secretary for land is expected to survey and demarcate and register community land, and the one-year period, which was granted by the court in 2021 was quite generous.

“For the above reasons, in our considered view, the extension of time will not serve any purpose as the parties, by their conduct, appear unwilling to commence the process of conversion of the land,” said the judges.

The LTWP sought a review of the decision arguing that it had spent Euros 623 million or approximately Sh80.9 billion for the project and the firm was set to lose the investment if the land reverted to the community.

The court in 2021 ruled that the power company irregularly acquired the title deeds to the land where the project sits adding the law was not followed.

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The landmark ruling could open the way for the community to seek compensation, as government agencies will be required to hold public participation forums.

The community in Laisamis, Marsabit county moved to court in 2014 and challenged acquisition arguing that the land was central to their survival and livelihood as it is their cultural, ancestral and grazing land held under an intergenerational trust for future generations.

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Lake Turkana said the judgment and orders were not specific, clear and not sufficiently directed to the relevant entities or communities with the power to act.

The power producer said the firm risks running into billions of shillings and loss of electric power to the national grid, which will be transferred to the public.

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