Nakuru residents sue GDC over tribal discrimination

What you need to know:

  • The petitioners say the firm has given locals a raw deal in recruitment of despite their having the relevant qualifications.
  • The residents say GDC has flouted Article 69 of the Constitution by failing to ensure locals benefit from the natural resource.
  • They affirmed that the firm, being a State corporation, should incorporate all Kenyans in its staff as provided for in law.

More than 600 residents of Nakuru county have moved to the High Court claiming discrimination and bias in the composition of the board of the Menengai-based Geothermal Development Corporation (GDC).

In a petition filed on Wednesday morning by their lawyer Hari Gakinya, the residents — led by Mr Joachim Njui — say the firm has given locals a raw deal in its recruitment of staff despite their having the relevant qualifications and competences.

The residents, who have sued the power generation firm and the Attorney General, averred that GDC has flouted Article 69 of the Constitution by failing to ensure locals benefit.

In an affidavit sworn in by Joachim Njui, the petitioners also stated that the appointed GDC board members do not reflect equitability to the people of Nakuru county, who bear the brunt of environmental degradation as a result of activities of the power production company.

They affirmed that the firm, being a State corporation, should incorporate all Kenyans in its staff as provided for in law.

Mr Njui and the residents claimed that none of the recently appointed GDC board members — Salaton Leteipa, Michael Ogwapit, Dr Stephen Njiru and Florence Chepng’etich Bore — is a resident of Nakuru county despite the company having its operations there.

The move, they claim, violates the Constitution which calls for proper distribution of slots in State-owned firms.

The locals have also taken issue with the operations of the firm claiming that it was releasing hazardous gases to the air thus adversely affecting the local community.

They want the court to grant orders barring GDC from convening any board meetings until the matter is heard and determined.

They asked the court to issue orders compelling the firm to reconstitute its board and allow the petitioners 95 per cent of appointments in the board.

They also want the firm compelled to make public its environmental impact assessment reports.

Lady Justice Abigael Mshila certified the matter as urgent and scheduled inter parties hearing for May 19.

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