Mr Omtatah told the court the 25-year agreement commits Kenyan taxpayers to pay about Sh36 billion per year as capacity charges for the plant. He argued that the deal was a scandal of monumental proportions, which does not make sense because there is already an overproduction of electricity in Kenya. He said geothermal, hydro, solar, wind and biomass energy have hardly been tapped, adding that there is no justification for setting up the highly polluting coal fired power plant in Lamu or anywhere in Kenya...Justice Olola said no appeal was filed against the decision, within the 30 days as required by section 26 of the Energy Act and the National Environment Tribunal was, therefore, free to proceed, as it did, to issue the licence...He also said the government largely complied with the statutory framework established for a project of such nature. This, he noted, was done through an advertisement in the newspaper notifying the public of the project.