Contempt Of Court: Governor, Parastatal Fined 2million

For an alleged contempt of court – ignoring a court order stopping them from continued disposal of toxic waste into the lake, a governor and head of a parastatal of government , have been penalised.

They have been ordered to pay a Sh2 million fine for the alleged breach.

Environment and Lands Court Judge Anthony Ombwayo issued the orders to Nakuru Governor, Susan Kihika and Nakuru Water and Sanitation Services Company Limited

The orders followed an application filed by a Non-Governmental organisation- Baboon Project Kenya, a report in the Standard says.

Speaking through its lawyer, Kiprotich Kirui, Baboon Project Kenya, said the two entities committed the contempt of court by continuing to dispose toxic waste into the lake despite the existence of a court order issued on September 26, 2024.

The organisation’s director Gichohi Simon Mbuthia presented in court photos and videos showing the continued disposal of waste into the lake.

The court had issued orders permanently barring the county government and the water agency from disposing of toxic waste in the Lake Nakuru basin. Baboon Project Kenya, however, noted that the two continued to dispose of toxic waste, and industrial waste into the lake.

The NGO pleaded with the court to find Governor Kihika and the water agency Managing Director James Ng’ang’a Gachathi in contempt and commit them to a six-month jail term.

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The county government, the court noted, did not dispute the fact that there was a court order but stated that the governor is not responsible for the running and operations of the water agency.

The water agency stated that the judgment delivered on September 26, 2024, did not specify what it was to do to ensure compliance with the said judgment noting that it is only mandated to deal with water waste and not solid and toxic waste.

The court noted that the orders issued were clear adding that every party before court is expected to obey the orders of the court in its spirit and substance.