Nairobi Senator Okiya Omtatah has moved to the High Court seeking to have the Director-General of the National Environment Management Authority (NEMA), Dr. Mamo Boru Mamo, cited for contempt of court over the alleged violation of conservatory orders issued in December 2025. In a Notice of Motion filed before the High Court, the Senator is asking the court to summon Dr. Mamo to appear in person and explain why he should not be punished for allegedly disobeying court orders. Omtatah wants the NEMA boss committed to civil jail for up to six months if found guilty of contempt.
The application stems from conservatory orders issued on December 11, 2025, by a three-judge bench comprising Justices O.A. Angote, Christine A. Ochieng, and Charles G. Mbogo, which halted the construction of the Southlands Affordable Housing Project pending a ruling scheduled for February 5, 2026. According to Omtatah, despite the clear court directive, NEMA went ahead and issued an Environmental Impact Assessment (EIA) licence on December 16, 2025, just five days after the orders were issued.
In court documents, the Senator argues that punishing the alleged contempt is necessary to safeguard the rule of law and prevent State officers and institutions from treating court orders as optional. Omtatah contends that the issuance of EIA Licence No. NEMA/EIA/PSL/0001425 effectively defeated the purpose of the conservatory orders by altering the legal and factual status quo that the court intended to preserve. He maintains that the licence provided the final statutory approval required to allow the stalled project to proceed, thereby risking rendering the petition academic.
The Senator further argues that NEMA and its Director-General were fully aware of the court orders, having participated in the proceedings and been duly served. He notes that the orders remain valid, having neither been reviewed nor set aside. In addition to seeking punitive measures, Omtatah has asked the court to suspend the ruling scheduled for February 5, 2026, until the contempt application is heard and determined. He is also seeking orders to nullify the disputed EIA licence, declaring it unlawful and issued in blatant defiance of court directives.
Further, the Senator wants NEMA barred from being heard by the court until the alleged contempt is purged, arguing that allowing the authority audience would amount to endorsing disobedience of judicial orders. Omtatah has urged the court to treat the matter as urgent, warning that failure to intervene could undermine the authority of the judiciary, erode the rule of law, and weaken public confidence in the justice system.
