The ongoing case, initiated by environmentalist Michael Nyaguti in 2013, accuses former governors Jack Ranguma and Dr. Evans Kidero, along with former Environment Secretary Dr. Alice Kaudia, of illegally developing land within the protected riparian zone around Lake Victoria.
Two former governors and a former senior official in the ministry of environment are likely to lose sections of their beach plots should a Kisumu court rule that they encroached into riparian lands around Lake Victoria.
The case which has been ongoing since 2013 saw an environmentalist Michael Nyaguti sue former Governors Jack Ranguma (Kisumu), Dr Evans Kidero (Nairobi) and former Environment Secretary Dr Alice Kaudia as first, second and third respondents respectively, for encroaching into riparian land.
Notably, Mr Nyaguti also filed lawsuits against both the National Environmental Management Authority (NEMA) and the Ministry of Environment and Natural Resources in connection to the case.
In his suit Mr Nyaguti, who is also the chairman of Magnam Environmental Network, had sought a court order barring the three from carrying out any form of development on the parcels of land which stretch into Lake Victoria, saying such works would endanger the lake’s wetlands.
The riparian land, defined as the area within 30 meters of the highest water level, is safeguarded under the Environmental Management and Coordination Act of 2006.
Additional legislation protecting riparian lands include the Water Act of 2002, the Agriculture Act, the Water Resource Management Act of 2007, and the Environmental Management and Coordination Regulations of 2006.
The activist claimed that Mr Ranguma owned two parcels of land in Kisumu’s Korando area while Dr Kidero, he indicated in the petition, has seven in the same place and Dr Kaudia he alleged owned two parcels of land at Kogony.
Mr Nyanguti, who filed the case as a pauper, wants the court to permanently stop the three public officials from building on the said plots, saying it will be detrimental to the area.
In October 2023, the Environment and Lands Court Justice Samson Okong'o directed the three to re-adjust their perimeter fences and adhere to the boundaries in the parcels of land along the shores of Lake Victoria.
Justice Okong'o directed the advocates representing the three respondents to ask them to comply with the court's directive by limiting their boundaries and not encroaching further beyond their designated portion of their parcels.
The directive was also to give the parties an opportunity to settle the matter amicably.
The parties also agreed to have a survey carried out on the current boundary to determine the magnitude of the encroachment before the subsequent court proceedings.
And on Tuesday January 21, 2025, Justice Okong’o, Nema officials and other court officers made a site visit at Mr Ranguma’s home at Ngege Beach, Dr Kidero's land in Otonglo area next to the Lake and Dr Kaudia’s property at Usoma beach area to establish the extent of encroachment before the judgement of the case.
The team was out to confirm where the boundaries with the neighbouring lake stood, report on any structural developments, including fencing, encroaching onto the riparian areas and the extent of the encroachment, if any.
The visit was also to establish and report on any development that hinders the residents of the neighbouring areas from accessing the lake.
However, it appeared the defendants had partially complied with the directives of the court, bringing down some structures that had been erected on the riparian land.
However, some sections of a fence were found to have encroached into the wetlands blocking an access road as was the case for Dr Kaudia.
Mr Nyaguti, who was on the ground during the visit, told the judge that the three had fenced their plots beyond their demarcated boundaries, which in the process resulted in encroachment into the riparian Lake Victoria wetlands.
“If these people are allowed to construct residential houses on the disputed plots, the community members, domestic and wild animals will be denied a chance to enjoy the wetland resources. All we want is that they restrict themselves within their boundaries,” Mr Nyaguti told the court.
He further claimed that there were possibilities of human wastes being disposed of into the lake, exposing the local community to consumption of polluted water.
The judge said there was an opportunity for them to do the right thing and adhere to the environmental regulations set.
He also repeated his earlier advice to the parties to settle the matter amicably.
“You may want to agree with your clients to settle this case by consent and adhere to the said regulations by restricting their boundaries and not encroaching further into the riparian land,” said the judge.
Justice Okong’o asked the respondents to file their responses within 21 days after which Mr Nyaguti will respond too, within 21 days.
The matter has been fixed for mention on March 3, 2025 when the judgement date for the 12-year-old case will be set.
