KISUMU, KENYA: A Kisumu court has now given governor Anyang’ Nyongo the green light to relocate the infamous Kachok dumpsite after it vacated an order temporarily stopping the planned relocation to Kajulu.
The dumpsite has been at the center of controversies as residents, politicians and the county government disagreed on relocation plans with the county government announcing that it was going to relocate it to Kajulu in Kisumu East.
The county government had identified an abandoned quarry and had even launched the relocation exercise despite dissenting voices from area residents and politicians.
Following the launch, two residents Fredrick Nyesi and Rose Nyanjong went to court to challenge the exercise which they said was an environmental threat to locals.
In a petition filed at the Lands and Environmental court, the duo had argued that the county government disregarded several factors before settling on Kajulu in Kisumu East for the relocation
They had sued the county government, City Manager Doris Ombara as well as a company that had been awarded Sh99.2 million tender to relocate the dumpsite.
On Thursday however, Justice Stephen Kibunjia ruled that the petition that had been filed to challenge the planned exercise by the duo, Fredrick Nyesi and Rose Nyanjong had been withdrawn.
This is after Nyesi who was listed as the first petitioner withdrew from the petition in an earlier notice filed at the court in what led to heated arguments between lawyers representing the petitioner and the ones representing the respondents.
The second petitioner insisted that she did not withdraw from petition and that Nyesi did not speak on her behalf.
Moses Munango, a lawyer representing Nyanjong argued that the petition was still active even though the first petitioner had withdrawn.
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He said that the first petitioner did not speak on behalf of his client even though the petitioner used the word “We” in his notice of motion.
“The petition is still active and my client has not withdrawn from the case,” said Munango.
He also argued that his client did not sign the notice of motion to withdraw from the petition.
But lawyers representing the respondents argued that by the writings of the notice of withdrawal indicated in plural, it represented the two.
In his ruling however, Justice Stephen Kibunjia said that the petition was withdrawn procedurally.
“This court makes note that the petition has been withdrawn procedurally,”
“There is therefore no petition in this court,” said Kibunjia.
The ruling has now given the county government a greenlight to start the relocation exercise of the controversial dumpsite that has also consumed millions of taxpayer’s money in the past years.