Lobby group wins court case against county government to save Lake Nakuru

On 18 April, Baboon Project Kenya filed a petition at the Environment and Land Court over the poor management of toxic industrial waste by the Nakuru County government.

The petition highlighted the release of several chemical wastes into the Lake Nakuru Basin, including rubble, industrial alcohol, molasses, methane, methylated spirits and other products.

Other respondents in the matter included the Nakuru Water and Sanitation Company Limited, the National Environment Management Authority (NEMA) and the Attorney General.

In the petition, Baboon Project Kenya states that the Nakuru County government is responsible for garbage collection, dumping and disposal of plastic waste throughout Nakuru County. The respondents are also alleged to have failed to discharge their constitutional responsibilities.

The petitioner also seeks a mandatory injunction compelling the respondents to find alternative disposal sites for all toxic chemical and industrial wastes from Nakuru County Government other than the Lake Nakuru Basin. 

In addition, the petitioner seeks an order of environmental restoration against the respondents. Finally, the petitioner is seeking an injunction against the respondents permanently restraining them from any further dumping of waste in the Lake Nakuru Basin.

The matter was heard by Justice Anthony Ombwayo, who concluded that the petition had merit as the respondents had a greater responsibility to manage and protect the environment (particularly Lake Nakuru), a responsibility they had shirked.

"A declaration is hereby made that the Nakuru County Government is responsible for refuse collection, dumping and disposal of plastic waste in Nakuru County. Secondly, a declaration is hereby made that the acts of the respondents in failing to discharge their responsibilities are in contravention of the Constitution and they are hereby cited for contravention," read part of the judgement.

"In addition, a mandatory injunction is hereby issued 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; an environmental restoration order is hereby issued against the respondents; and finally, a prohibition order is hereby issued against the respondents permanently restraining them from any further dumping of wastes into the Lake Nakuru Basin."