Gitson Energy lawsuit (re Bubisa wind farm, Kenya)
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Snapshot: In 2012, community members from Marsabit, Kenya, filed a lawsuit against Gitson Energy at the Meru High Court over its Bubisa wind farm project. They argued that the community was not involved in the land allocation process. The High Court ruled that the Commissioner of Lands had no power to demarcate the contested land and that the project should be halted. Gitson Energy appealed. In March 2017, the Court of Appeal upheld the decision, forcing Gitson to halt development until the land issue could be regularised with the local community.
In 2018, Gitson took legal action against the Ministry. In November 2021, the High Court ruled in favor of Gitson, reinstating the Bubisa wind farm. However, this reinstatement was frozen in 2024 by a Court of Appeal “stay of execution” filed by the energy regulator (Energy and Petroleum Regulatory Authority - EPRA), while the government reclassified the project as contested.
In April 2025, Gitson filed an access-to-information lawsuit, forcing the Ministry to publish a certified project list from 2021. In October 2025, Gitson alleged that the government had falsified this list by including a competitor that did not legally exist at the time, leaving the project gridlocked in administrative conflict.