Susan Kihika, water company CEO hit with Sh2m fine
Nakuru Governor Susan Kihika and a Nakuru-based water firm executive have been jointly fined Sh2 million for contempt of court after failing to comply with an order to halt the release of solid and toxic waste into Lake Nakuru.
Environment and Land Court Judge Anthony Ombwayo found the county boss and Nakuru Water and Sanitation Services Company (NAWASSCO) CEO, James Ng’ang’a, guilty of violating court orders issued on September 26, 2024, which had restrained the county from allowing waste disposal into the lake.
“The respondents have clearly refused to restore the lake to its clean status and clear the toxic waste dumped into the lake. They have continued to spew toxic dirt into the lake despite the court order,” ruled Justice Ombwayo on Tuesday.
The ruling followed an application by Baboon Project Kenya, an environmental conservation group, which argued that the county and Nawassco had disregarded the court’s directive.
The organisation presented video and photographic evidence showing continued dumping of toxic waste and industrial chemicals into the lake.
In its petition, Baboon Project Kenya sued the Nakuru County government, Nawasco, the National Environment Management Authority (Nema), and the Attorney General accusing them of failing to stop pollution in Lake Nakuru.
The court had issued a restoration order instructing the county to clean up the lake and stop further discharge of waste.
It also directed the county government to find an alternative disposal site for all solid waste and industrial chemicals away from the lake.
“A prohibitory injunction is hereby issued to the respondents permanently restraining any further refuse disposal into the Lake Nakuru basin,” ruled Justice Ombwayo.
The conservation group through its chairperson Simon Mbuthia highlighted that the polluted lake water continued to endanger wildlife, including baboons in the Nakuru National Park.
The petitioners further accused Nema of failing in its mandate to ensure sustainable environmental management and conservation of natural resources.
They argued that the county had neglected to recycle, treat, and process waste to create useful products for residents opting instead for unregulated waste disposal.
In their application for contempt, the petitioners sought to have Governor Kihika and Nawassco CEO Ng’ang’a sentenced to six months in jail for violating the court order.
“It is necessary to uphold the dignity and authority of the court and the rule of law by having them committed to a civil jail term of six months for contempt of court,” they submitted.
The water company in its defence argued that the judgment did not specify its role in ensuring compliance, stating that it only manages water and wastewater, not solid waste.
The county government, through County Secretary Samuel Mwaura further claimed that the governor was not responsible for overseeing Nawassco’s operations.
However, Justice Ombwayo dismissed these arguments stating that both the county and the water firm were fully aware of the court’s orders and failed to either comply or seek an appeal.
“Every person is expected to obey and respect court orders with due dignity for the institution,” the judge ruled.
He ordered the county and the firm to comply with the directive within six months.
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