A group wants Nakuru Governor Susan Kihika sent to civil jail for six months over the failure to stop 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, had failed to ensure a court order issued in September is complied with.
The lobby said dumping of solid toxic industrial waste into the lake continues.
“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 refuse, toxic chemicals and industrial waste into the Lake Basin,” lawyer Kirui Kiprotich submitted.
Through the Nakuru County secretary 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,” Mr Mwaura said.
The court will rule on the application on January 31, 2025.
In a judgment on September 24, Justice Ombwayo noted that a report on assessment of the fish species diversity and water quality in Lake Nakuru and the eco-toxicological study found the water quality has degenerated due to organic pollution from domestic waste water, 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 site for all toxic chemical and industrial wastes.
The lobby 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.
It 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 said despite several warnings and articles, including a report by the Kenya Marines and Fisheries Institute of the toxic nature of the water, the county government had failed to stop the disposal of waste into the Lake.
