Machakos dam project to resume after suit

Construction of the Sh300 million Miwongoni River Dam in Machakos is set to resume after the Environment and Lands court set aside an order that stopped the project in July 2019.

Justice Oscar Angote said the injunctive order issued against the Athi Water Services Board was made out of misrepresentation of facts by a group of more than 200 residents affected by the project.

The project is funded by the by Africa Development Bank (AfDB) at a cost of Sh320,509,445.

The Athi Water Services Board contracted Jiangxi Water and Hydropower Construction Company Limited for the project.

The project was about to kick off before residents claimed interest in the land saying they were entitled to compensation.

They moved to court seeking orders and a declaration that they are entitled to exclusive and unimpeded right of possession and occupation of the suit property. They also wanted an order stopping government from occupying the land.

Before the case could be heard, both sides recorded a consent agreement, which was adopted as a court order on July 17, 2019.

But Athi Water returned to court a year later, in June 2020, seeking to have the consent set aside arguing that the plaintiffs were motivated by malice and mischief in entering in the consent.

The court heard that there are other four court cases pending in court concerning the ownership of the suit property, which are yet to be dealt with.

“Indeed, the disclosure about the pendency of other suits changes the trajectory of the consent completely,” said the judge.

Justice Angote, while setting aside the order, said it was a misrepresentation of facts for the residents’ failure to disclose that there were other pending cases between them and other third parties.

Athi Water said the Miwongoni dam will end the perennial water shortage, and spur development in the area.