Appellate court temporarily halts Governor Kihika's contempt case

Nakuru governor Susan Kihika makes her speech during the G-7 women empowerment forum at Kenyatta Stadium in Machakos town on August 16, 2024. [John Muia, Standard]

The Court of Appeal has temporarily suspended the enforcement of a ruling that requires Nakuru Governor Susan Kihika and the head of the water agency to pay Sh2 million for violating a court order regarding the disposal of waste into Lake Nakuru.

This ruling followed a consent agreement between Baboon Project Kenya, a non-governmental organization, and Nakuru Water and Sanitation Services Company Limited.

Lawyers Kipkoech Ng’etich and Kiprotich Kirui addressed Judges Mohamed Warsame, Mwaniki Gachoka, and John Mativo, reaching an agreement that the status quo would be maintained pending the hearing and determination of an intended appeal.

Kipkoech, representing the Managing Director of the water agency, James Ng’ang’a, explained that maintaining the status quo means that no solid waste would be disposed of in the lake, while the contempt ruling would be stayed.

Lawyer Kirui, representing Baboon Project, concurred with the proposal, emphasising that the appeal should be treated as a priority.

“By consent, the Notice of Motion dated April 2, 2025, is compromised on the following terms: pending the hearing and determination of the water agency's intended appeal, the status quo as of July 28, 2025, will be maintained, meaning that the applicant shall not dispose of any solid waste into Lake Nakuru,” ruled the Appeal Court judges.

Furthermore, the judges instructed that the appeal be expedited once filed.

The water agency was given one month to file and serve the appeal.

“The appeal must be filed and served within 30 days. If this does not occur, the stay granted here will lapse,” they ruled.

In February, the Environment and Lands Court in Nakuru ordered Governor Kihika and the Managing Director of Nawasco to pay the Sh2 million fine.

Judge Anthony Ombwayo issued the order following an application by Baboon Project Kenya, which noted that the County Government and the water agency continued to dispose of toxic waste into the lake despite an existing court order from September 26, 2024.

The organization’s director, Gichohi Simon, presented photographs and videos in court that showed the ongoing disposal of waste into the lake.

The court had previously issued orders permanently barring the County Government and the water agency from disposing of toxic waste in the Lake Nakuru basin.

However, Baboon Project Kenya highlighted that the two entities continued to release toxic and industrial waste into the lake.

The organization has pointed out that there is significant environmental degradation in Lake Nakuru.

It warned that the continued release of toxic effluent from factories poses a threat to the wildlife within Lake Nakuru National Park.

Despite several warnings and reports from 2023 to 2024, including one from the Kenya Marine and Fisheries Institute regarding the toxic nature of the water in Lake Nakuru, the County Government has failed to cease waste disposal.

Baboons, which inhabit Nakuru National Park, are at risk as they use and drink the polluted water. Baboon Project Kenya insists that Lake Nakuru is a crucial life support system that must be protected.