Blow to Nyongo as court halts relocation of infamous dumpsite

 

A picture of Kachok dumpsite hill in Kisumu. [Photo by Denish Ochieng/Standard]

The High Court in Kisumu has temporarily stopped the planned relocation of the Kachok dumpsite that has been at the centre of controversy.

This is after two residents of Kajulu challenged the exercise, arguing it poses a grave health concern to both area residents and the whole of Kisumu town. In a petition filed at the Lands and Environmental court, Fredrick Nyesi and Rose Nyanjong had argued that the county government disregarded several factors before settling on Kajulu in Kisumu East for the relocation.

They said that locals were not consulted with environmental assessment on the impact of relocating the dumpsite to Kajulu was also not done.

The duo told the court that the proposed pit where the dumpsite is set to be relocated is filled with underground water that is likely to put the residents at a risk should toxic substances seep from the waste.

“It is less than 200m from river Kibos and there is risk of seepage of toxic substance from the dumpsite to river Kibos, which will have a great impact for those who stay along the river and depend on it for domestic use,” they argued.

On Wednesday, lawyers representing the parties enlisted in the suit engaged in a battle of wits.

The two petitioners have 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.

They also told the court that the process of awarding the tender was also flouted and had been “shrouded in secrecy”.

The court heard that the county government was yet to receive a licence from National Environment Management Authority (Nema) giving it a greenlight to proceed with the relocation.

Moses Munuango, a lawyer representing the petitioners, said that the rights of Kajulu residents to clean environment as listed under Article 42 was bound to be compromised and asked the court to issue orders to stop the process.

In his ruling, Justice Stephen Kibunjia issued conservatory orders barring the three respondents listed in the suit from relocating the dumpsite until the petition is heard. The case will be mentioned on January 18, 2018.