A lobby group wants Nakuru Governor Susan Kihika sent to civil jail for six months over the failure to stop the pollution of Lake Nakuru.
Baboon Project Kenya told Justice Anthony Ombwayo that Ms Kihika and the managing director of Nakuru Water and Sanitation Services James Ng’ang’a, have failed to ensure a court order issued in September complied with.
The lobby said there is continued dumping of solid toxic industrial waste into the Lake despite being served with a court order to ensure, it has been stopped.
“Despite being made aware of the order, the respondents’ and its officers, agents, and servants have refused to comply with the said order. They have continued to dispose of refuse, toxic chemicals and industrial waste into the Lake Basin,” lawyer Kirui Kiprotich submitted.
Through the Nakuru county secretary Mr Samuel Mwangi Mwaura, Ms Kihika opposed the case arguing that she was not responsible for the running and operations of the Nakuru Water and Sanitation Services.
“I contend that in the circumstances of this petition, the petitioner has not and cannot prove any element of contempt against the Governor of the 1st respondent (Nakuru County),” Mr Mwaura said.
In a judgment on September 24, Justice Ombwayo noted that a report on the assessment of the fish species diversity and water quality in Lake Nakuru and the Eco-toxicological study found the water quality in Lake Nakuru has degenerated due to organic pollution from domestic wastewater, storm runoff and industries.
“This court comes to the conclusion that the Petition is merited as the Respondents (county government) bear a bigger responsibility in the management and protection of the environment (specifically Lake Nakuru), a responsibility they have abrogated,” the Environment and Land court judge said.
The judge issued a mandatory order compelling the county government and the water firm to find alternative disposal sites for all toxic chemical and industrial wastes.
The lobby group said there was a deliberate and incremental discharge of toxic industrial waste into Lake Nakuru Basin, with adverse consequences to the health of all wildlife downstream.
The lobby submitted that the baboons who form part of the populace within the Nakuru National Park drink from the polluted water.
The lobby’s director Simon Gichohi Mbuthia argued that the continued dumping of both solid, liquid, and toxic waste into the lake was greatly affecting the wildlife.
Mr Gichohi said despite several warnings and articles, including a report by the Kenya Marines and Fisheries Institute on the toxic nature of the water in Lake Nakuru, the county government has failed to stop the disposal of waste into the Lake.
