Court jails Kihika for six months over contempt

Nakuru Governor Susan Kihika and Nakuru Water and Sanitation Services Company Limited boss have been ordered to pay a Sh2 million fine for disobeying a court order that stopped the disposal of toxic waste into the lake.

Environment and Lands Court Judge Anthony Ombwayo issued the orders following an application filed by a Non-Governmental organization- Baboon Project Kenya.

Baboon Project Kenya in its application through lawyer Kiprotich Kirui, noted that the County Government and the water agency continued to dispose of toxic waste into the lake despite the existence of a court order issued on September 26, 2024.

The organization’s director Gichohi Simon Mbuthia presented in court photos and videos showing the continued disposal of waste into the lake.

The court had issued orders permanently barring the county government and the water agency from disposing of toxic waste in the Lake Nakuru basin. Baboon Project Kenya, however, noted that the two continued to dispose of toxic waste, and industrial waste into the lake.

The NGO pleaded with the court to find Governor Kihika and the water agency Managing Director James Ng’ang’a Gachathi in contempt and commit them to a six-month jail term.

The county government, the court noted, did not dispute the fact that there was a court order but stated that the governor is not responsible for the running and operations of the water agency.

The water agency stated that the judgment delivered on September 26, 2024, did not specify what it was to do to ensure compliance with the said judgment noting that it is only mandated to deal with water waste and not solid and toxic waste.

The court noted that the orders issued were clear adding that every party before court is expected to obey the orders of the court in its spirit and substance.

“I have considered the application and rival submissions and do find that the orders granted by this court were clear and unambiguous,” ruled the court.

The court ruled that the county government and the water agency were aware of the court order, and the photographic and video evidence is sufficient to demonstrate that they failed to comply with it.

The court noted that the county government and the water agency refused to restore the lake to its clean status and clear the toxic waste dumped into it. Despite the court order, they have continued to spew toxic dirt into the lake.

“This court finds that the two respondents (County government and water agency) are in contempt of the court orders issued on 26th September 2024. The 1st and 2nd respondents are hereby jointly fined Sh2, 000, 000 (two million Kenya shillings only) and are ordered to comply with the orders of this court within 6 months,” ordered the court.

Baboon Project Kenya notes that extreme environmental degradation is present in Lake Nakuru.

The organization notes that the continued release of toxic effluent occasioned by factories poses a danger to the wildlife within Lake Nakuru National Park.

He stated that despite several warnings and articles between 2023-2024 including a report by the Kenya Marines and Fisheries Institute of the toxic nature of the water in Lake Nakuru, the County Government has not stopped the disposal of waste.

Baboons who form part of the populace within the Nakuru National Park use and drink that polluted water.

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

Lake Nakuru, the organization said is a key life support and should be safeguarded.

The organization noted that the gross health hazard occasioned by the toxic waste has made Lake Nakuru National Park inhabitable to wildlife and humans.