Dr Kidero, Mr Ranguma and Dr Kaudia are each in the process of building separate personal residential homes on the shores of the lake.
Nairobi governor Evans Kidero, his Kisumu counterpart Jack Ranguma and Environment secretary Alice Kaudia have lost their bid to stop a suit seeking to bar them from building plush residential homes on the shores of Lake Victoria.
Kisumu High Court judge Stephen Kibunja has dismissed objections by the trio who had challenged activist Michael Otieno Nyaguti’s right to sue them over the developments.
Dr Kidero, Mr Ranguma and Dr Kaudia are each in the process of building separate personal residential homes on the shores of the lake.
Justice Kibunja has however ruled that Mr Nyaguti has a right to obtain information on whether the National Enviromental Authority (Nema) legally approved the planned developments on the shores of the lake, as it is material held by the State hence is public.
Mr Nyaguti in his suit says the constructions would negatively affect the wetland area, and wants all developments there stopped.
Justice Kibunja has further ordered officials of the Kisumu Land registry to visit the sites and file a report on the planned developments in court within 90 days.
“Mr Nyaguti, who is described in paragraph one of the plaint as a Kenyan of sound mind, member and chairman of Magnam Environmental Network (community-based organisation), the court finds and holds that he has the locus to initiate and prosecute this suit for and on behalf of himself and as a member of Magnam.”
“The county Land registrar and surveyor Kisumu county in conjunction with the county director of environment, Kisumu do visit the land parcels listed and confirm their boundaries with the neighbouring lake, report on any structural developments, report on any development that hinders residents from accessing the lake and the reports be filed in court within the next 90 days,” Justice Kibunja ruled.
The site visit is intended to guide Justice Kibunja on whether or not to issue orders barring further construction on the disputed land.
Mr Nyaguti claims that the governors had fenced off plots beyond their boundaries, encroaching on the wetlands.
The activist says no environmental impact assessment reports have been filed by the defendants.
But Dr Kidero, Dr Kaudia and Mr Ranguma hold that the projects they are carrying out do not require submission of EIA reports to Nema.
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