Court slaps Kihika with 6-month jail time for contempt » Capital News
NAIROBI, Kenya Feb 18- The Environment and Land Court has sentenced Nakuru Governor Susan Kihika and Nakuru Water and Sanitation Services Company (NAWASCO) Chief Executive Officer James Gachathi to a six-month jail term or a Sh2 million fine for contempt over illegal waste disposal into Lake Nakuru.
In a ruling by Justice Antony Ombwayo, both the NAWASCO boss and Governor Kihika failed to comply with orders issued on September 26, 2024, halting the disposal of waste into Lake Nakuru.
“It is necessary to uphold the dignity and authority of this court and the rule of law by having them committed to jail for 6 months for failing to comply with the Order. 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 a period of 6 months,” he noted.
Justice Obwayo stated that noncompliance undermines the authority of the court and the rule of law.
He noted that despite receiving the court orders regarding the matter, the County ignored the orders and permitted the continued dumping of both solid and liquid toxic waste into Lake Nakuru.
Obwayo said the county government bears significant responsibility for the environmental degradation of the Lake.
“Notwithstanding being aware of the Order, the Respondent’s directors, officers, agents or servants have refused to comply with the said Order. They have continued to dispose of refuse, toxic chemicals and industrial wastes into Lake Nakuru Basin,” stated Justice Obwayo.
The Baboon Project Kenya, a Non-Governmental Organization (NGO) initiated legal proceedings against the county government alleging contempt of court for failing to comply with the court order.
The court had issued an environmental restoration order against the county government mandating a permanent cessation of waste disposal into Lake Nakuru.
“The court ordered the respondents to find alternative disposal sites for all toxic chemicals and industrial wastes from the 2nd other than Lake Nakuru basin. Moreover, the court issued a restoration order against the respondents. Lastly, the court issued an order permanently restraining the refuse disposal into the lake Nauru basin. The respondents have not complied with the order,” stated Justice Obwayo.
The application, filed at the Environment and Land Court in Nakuru revealed that the County government continued to discharge toxic chemicals, and industrial waste into the lake posing a severe threat to the lake’s ecosystem and the health of wildlife, including baboons that inhabit the area.