- Nakuru Governor Susan Kihika and Nawasco Managing Director James Ng’ang’a were sentenced to a six-month civil jail term or a Ksh2 million fine for contempt.
- Both officials were found guilty of continuing illegal waste disposal into Lake Nakuru, despite a court order banning such activities.
- Baboon Project Kenya filed a suit, claiming that Kihika and Ng’ang’a ignored the September 2024 court order.
- The court ruling emphasizes the responsibility of local authorities to protect the environment and wildlife.
The High Court has sentenced Nakuru Governor Susan Kihika and Nakuru Water and Sanitation Services Company (Nawasco) Managing Director James Ng’ang’a to serve a six-month civil jail term or pay a Ksh2 million fine. The sentence comes after both officials were found guilty of contempt for violating a court order that permanently banned the disposal of waste into Lake Nakuru.
The case stemmed from a suit filed by Baboon Project Kenya, an environmental NGO, which alleged that Kihika and Ng’ang’a had failed to comply with an order issued by the Environment and Lands Court on September 26, 2024. The order prohibited further refuse disposal into the lake, aimed at preventing further pollution and preserving the ecosystem.
Background to the Case
Simon Mbuthia Gichohi, Director of Baboon Project Kenya, accused the county government and Nawasco of continuing to dispose of refuse, toxic chemicals, and industrial waste into the lake, despite being fully aware of the court order. The NGO’s petition emphasized the environmental harm caused, particularly to wildlife such as baboons, which rely on the lake’s water.
“The illegal disposal of industrial waste is severely degrading Lake Nakuru National Park and endangering species,” Gichohi stated in the petition. He also accused the county government and Nawasco of neglecting their constitutional duties to protect the environment.
Governor’s Defense
Nakuru County Secretary Samuel Mwangi Mwaura, representing Governor Kihika, opposed the petition, arguing that the governor was not directly responsible for the operations of Nawasco. Mwaura contended that the petitioner failed to prove any element of contempt against the governor.
Court’s Findings and Judgment
Justice Ombwayo, in delivering the judgment, highlighted the findings of an assessment report that revealed the deterioration of water quality in Lake Nakuru, attributed to pollution from domestic wastewater, storm runoff, and industrial waste. The court found the petition merited, stressing that the county government bore a greater responsibility in managing and protecting Lake Nakuru.
A mandatory order was issued, compelling the county government and Nawasco to find alternative disposal sites for all toxic and industrial waste, ensuring that no further pollution would take place in the lake.
Both Susan Kihika and James Ng’ang’a remain liable for contempt and face a civil jail sentence or a fine unless they comply with the court’s orders. The ruling serves as a stern reminder of the responsibility of local authorities in protecting the environment and wildlife, as well as upholding court orders aimed at preserving natural resources.
