Environmental activists weigh in on Court's decision to fine Susan Kihika Sh 2 million
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A section of Lake Nakuru spills over to residential areas in Barut estate.
Environmnet actvists in Nakuru have welcomed the court’s decision to fine Governor Susan Kihika and Nakuru Water CEO James Ng’ang’a Sh.2 million for contempt, of court over orders on toxic waste disposal into Lake Nakuru.
In his judgement, Judge Antony Ombwayo notes that the respondents (County Government of Nakuru and Nakuru Water and sanitation services company) were aware of the court order that had been delivered.
James Waikibia an environmental activist says he has welcomed the judgement, adding that the ruling sets a precedence for the entire country imploring Kenyans to manage natural resources better.
“Waste disposal is a devolved function; therefore, the Nakuru County Government bears the brunt. It was proven from the judgment that it is the Nakuru County Government that majorly pollutes Lake Nakuru. We have animals in the lake that depend on this water, which is heavily polluted by toxic waste and heavy metals. This is very wrong,” he says.
“I appreciate the bold steps taken by the court. The constitution under articles 42 and article 70 clearly prioritizes matters of a safe and clean environment for all and in the event these laws are broken then there should be repercussions, rightly so as the court has elaborated,” Wakibia states.
Jackson Raini conquers with his counterpart saying that this is a step in the right direction.
“This did not really have to get here. The Nakuru County Government and Nakuru Water and sanitation services company should have owned up early enough and taken the initiative instead of waiting to be taken to court and being compelled to do the right thing” he says.
Mr Raini continues, “The water company has abdicated its duty when it comes to sewage treatment. It is more focused on the delivery of portable water but matters sewage has not really been looked into as much. In areas like Njoro, where we have the Njoro sewage treatment plant, we have lagoons that have cracks underneath and are discharging this toxic waste into our water quivers essentially exposing all of us to the dangers of pollution”
Which court order was violated?
On September 26, the court gave a mandatory injunction compelling the respondents to find an alternative disposal site for all toxic chemical and industrial wastes from Nakuru County Government other than the Lake Nakuru Basin.
Additionally, an environmental restoration order was issued against the respondents; and finally, a prohibition order was issued permanently restraining them from any further dumping of wastes into the Lake Nakuru Basin.
Fast forward to February 18, six months later, the court noted that, “The respondents have clearly refused to restore the lake to its clean status and clear the toxic waste dumped into the lake and have continued to spew toxic dirt into the lake despite the court order” read part of the document.