Story the county diary correspondent
25th Sep 2018
The National environment complain committe has been enjoined in a Solai Dam suit by Kabazi MCA Peter Mbale seeking to compel NEMA and WARMA to audit and conduct impact assessment on the six Solai dam suit by a Nakuru lands and environment court.
Justice Dalmas Ohungo enjoined the committee after the sued parties failed to opposed their inclusion.
“The notice of motion dated July 20 in terms of prayer two therefore the law society of Kenya will be first interested party, National environment complain committee be the second interested part.” Ruled Justice Ohungo
The court also ordered the committe and law society of Kenya to file and serve replying affidavits within 14 days.
Through state counsel Kiprotich Kirui wanted the court to enjoined them in the petition by Kabazi MCA Peter Mbale seeking to compel NEMA and WARMA to audit and conduct impact assessment on the six Solai dams.
“It is the key body matters touching on the environmental management and complains and thus making their input in this matter is valuable.” Said Kirui in an affidavit
It’s mandated to investigate any allegations or complains against any person/Authority in relation to the condition of the environment in Kenya.
Peter Mbale, a ward representative at Kabazi in Bahati moved to court under the certificate of urgency seeking orders to have the six remaining Patel dams in Solai he audited and the Environmental Impact Assessment conducted on the dams to ascertain their safety.
Through his lawyers Bernard Kipkoech and environmental law expert, Dr. Owino, he moved the court under the certificate of urgency and claimed that the six remaining dams in Patel are not in good condition and their status has not been made known to the residents and the public to avoid any possible danger.
He sued the Kenya Water Resource Management Authority, National Environmental Management Authority, National Water Conservation and pipeline Corporation, Tindress Patel Coffee Estate Limited and the Salt Manufacturers company Limited.
Kipkoech wants the court to ordered WARMA and NEMA to conduct the audit and assessment of the current situation of the dams.Justice Ohungo slated for September 25 for further directions.
The case was slatted for a mention on November 15 for further directions.