Jail threat for Nakuru Governor, water MD over contempt of court

A non-governmental organization wants Governor Susan Kihika  and Nakuru Water and Sanitation Services Company (Nawasco) Managing Director James Ng’ang’a jailed for six months for disobeying a court order aimed at halting waste disposal into Lake Nakuru.

In a suit filed at the Environment and Lands Court, Baboon Project Kenya alleges that both Kihika and Ng’ang’a have ignored an order issued on September 26, 2024, which permanently banned any further refuse disposal into the lake.

The suit names the County Government of Nakuru and the Nakuru Water and Sanitation Services Company Limited as respondents.

The court order, issued by the Environment and Lands Court, was intended to stop the continued pollution of Lake Nakuru, but the NGO claims that waste disposal has persisted, damaging the ecosystem.

“... Susan Kihika being the Governor, officer, agent or servant of 1st respondent (County Government of Nakuru) be committed to prison for a term not exceeding 6 months for failing to comply with the order of this court made on 26th September 2024,” read the application in part.

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Simon Mbuthia Gichohi, Director of Baboon Project Kenya notes that despite being aware of the order, the county government and the water company have refused to comply.

“They have continued to dispose of refuse, toxic chemicals, and industrial wastes into Lake Nakuru Basin,” read the suit.

Nakuru County Secretary Samuel Mwaura has objected to the application, arguing that the NGO has failed to provide evidence of contempt. “The petitioner has not proven any contempt against the governor,” Mwaura stated in his response.

Gichohi insists that the government’s actions are harming wildlife and the environment. He claims the illegal disposal of industrial waste into the lake is causing severe degradation of Lake Nakuru National Park, endangering species like the baboons that drink from its polluted waters.

The county government, Nawasco, and National Environment Management Authority (Nema) are said to have abdicated their constitutional mandate by allowing illegal discharge of toxic industrial waste into the Lake.

Issue licences

They noted that the county government  is not compliant with the Wildlife Conservation Management Act as it continues to issue licences and title deeds allowing industries without any regard for the environment.

Nawasco in a response through it Managing Director James Ng’ang’a Gachathi said it does not in any way deal with industrial waste.

Ng’ang’a said the company does not have any statutory mandate to permit or license any person or entity to discharge from any commercial, industrial, institutional or any other premises effluents or industrial wastes into the environment including Lake Nakuru.

He, however, said any final discharge of wastewater from the company’s Waste Water Treatment Plant into Lake Nakuru is safe and meets the required standards of waste discharge that should be allowed into the environment.

Judge Ombwayo’s ruling emphasised the right to clean and safe water as part of the broader right to a healthy living environment.

He stated that the lake’s current toxic state does not justify further pollution, and the responsibility for refuse removal and waste disposal lies with the county government.

In his final orders, Ombwayo held that the County Government, Nawasco, Nema, and the Attorney General had all failed to uphold their constitutional duties in protecting the environment.