THE SITE OF THE MULTI-BILLION SHILLING DAM. FILE PHOTO | NMG
Summary
- The elders drawn from the Kipsigis, Luo, Kuria,Abagusii and Ogiek communities, through laywer Kipkoech Ngetich, on Tuesday made an application in court seeking orders to have the public participation done on the lower riparian regions of River Itare which drains into the Sondu river.
- Mr Kipkoech told the court that his clients who reside in Bomet, Kisii, Kericho, Migori, Kisumu and Homa Bay counties were not given an opportunity to express their views on the development of the dam right at the middle of the Itare River which according to them, is a shared resource.
- Appearing before Justices John Mutungi, Dalmas Ohungo and Mohamed Kuno, he expressed concerns over the unknown effects the project would have on the residents in the lower riparian areas as well as on future generations.
Elders from 10 counties challenging the construction of the
controversial Sh38 billion Itare dam now want the High Court to order a
fresh public participation process before its construction continues.
This
comes a day after a three Environment and Land court judges made a
physical inspection of the controversial multi-billion shilling dam at
Ndoinet area in Kuresoi, Nakuru County.
The elders
drawn from the Kipsigis, Luo, Kuria,Abagusii and Ogiek communities,
through laywer Kipkoech Ngetich, on Tuesday made an application in court
seeking orders to have the public participation done on the lower
riparian regions of River Itare which drains into the Sondu river.
Mr
Kipkoech told the court that his clients who reside in Bomet, Kisii,
Kericho, Migori, Kisumu and Homa Bay counties were not given an
opportunity to express their views on the development of the dam right
at the middle of the Itare River which according to them, is a shared
resource.
Appearing before Justices John Mutungi, Dalmas Ohungo and
Mohamed Kuno, he expressed concerns over the unknown effects the
project would have on the residents in the lower riparian areas as
well as on future generations.
“From the testimony of
the expert witnesses, it is clear that public participation only
involved Nakuru residents who are the beneficiaries, yet no effort was
made towards engaging locals from the lower riparian areas who also
depend on the resource. We are not opposed to the project but it is in
the interest of sustainable development that we request the court to
order public participation and assure the residents of a safe and clean
environment in future,” said Mr Kipkoech.
The request
was, however, opposed by the Rift Valley Water and Services Board, the
main respondents in the petition, who argued that the prayers by the
petitioners had no legal basis.
Through lawyer Bernad
Okango, RVWSB claimed did not provide any evidence showing that the
region would have any serious environmental impact.
Mr
Okango further maintained that the National Environmental Management
Authority (NEMA) conducted sufficient public participation as required
by the law.
On Monday, the three judges toured the multi-billion dam construction site to personally confirm issues raised in court.
They
were accompanied by lawyers from both parties, Rift Valley Water and
Services Board Chairman Mr John Kitilit, Chief Executive Officer Mr
Hosea Wendot, representatives from the National Environment Management
Authority(NEMA) among other stakeholders.
The petitioners are challenging the construction of the dam,a Jubilee government flagship project.
Through
their lawyers Mr James Mwamu and Kipkoech Ngetich, the petitioners had
argued that the construction had led to displacement of hundreds of
families which were not compensated.
The court further
heard that the project had interfered with the free flow of water by
diverting the Itare river waters into the collector tunnel.
The
judges yesterday, managed to visit the tunnel outlet at Kibunja area in
Molo Sub-County and the construction site in Kuresoi South.
NEMA
experts had earlier told the court that there was a clear plan to
mitigate any negative impacts likely to result from the project
construction.
Zablon Oonge, the expert who compiled the
environmental impact assessment report of the project, yesterday told
the judges that the land in which the tunnel will pass through belonged
to the Kenya Forest Service and would be rehabilitated once the project
is done.
The case was filed in 2016 by the elders from the six communities seeking to stop the construction of the dam.
They
sued the RWVSB, the Cabinet Secretary of Water and Natural Resources
and the Attorney-General arguing that the project would render their
regions deserts.
The judges will deliver judgment on July 27.
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