The High Court has sentenced Nakuru Governor Susan Kihika and Nakuru Water and Sanitation Services Company (Nawasco) Managing Director James Ng’ang’a to six months in civil jail or a fine of Ksh2 million each for contempt of court.
The two were found guilty of defying a court order by allowing the continued disposal of waste into Lake Nakuru despite a previous directive barring such activities.
The case was filed by Baboon Project Kenya, an environmental conservation organization, which accused Kihika and Ng’ang’a of ignoring an order issued on September 26, 2024. The directive had permanently banned the dumping of waste into the lake to prevent further ecological damage.
The group argued that despite the court’s ruling, the illegal disposal of toxic chemicals, industrial waste, and refuse had persisted, endangering the ecosystem of Lake Nakuru National Park.
“Susan Kihika, being the Governor and an officer or agent of the Nakuru County Government, should be committed to prison for a term not exceeding six months for failing to comply with the order issued on September 26, 2024,” part of the application read.
Simon Mbuthia Gichohi, Director of Baboon Project Kenya, emphasized that continued pollution posed a serious threat to wildlife and the environment. The group raised concerns that waste discharged into the lake had contaminated water sources for various species, including baboons that rely on the lake for drinking water.
The petition also accused the county government, Nawasco, and the National Environment Management Authority (NEMA) of failing in their constitutional duty to protect the environment by allowing industries to discharge harmful waste into the lake.
Additionally, the petitioners argued that Nakuru County was not complying with the Wildlife Conservation and Management Act, as it continued to issue licenses and title deeds to industries without assessing their environmental impact.
In response, Nakuru County Secretary Samuel Mwangi Mwaura defended Governor Kihika, arguing that she was not directly responsible for Nawasco’s operations.
“I contend that, in the circumstances of this petition, the petitioner has not and cannot prove any element of contempt against the Governor of Nakuru County,” Mwaura stated in the court filings.
Previous Court Findings
In an earlier ruling, Justice Ombwayo determined that an environmental assessment report on Lake Nakuru had revealed significant deterioration in water quality due to pollution from domestic wastewater, storm runoff, and industrial waste.
“The court finds the petition to be valid, as the respondents bear primary responsibility for managing and protecting the environment, particularly Lake Nakuru. This duty has been neglected,” the judge ruled.
The court issued a mandatory order compelling Nakuru County and Nawasco to identify and establish an alternative disposal site for toxic and industrial waste to prevent further contamination of the lake.
