The High Court has sentenced Nakuru Governor Susan Kihika and James Nga’nga, the Nakuru Water and Sanitation Services Company (Nawasco) Managing Director to serve a six-month civil jail term or pay a Ksh2 million fine.
This is after the governor was found guilty of contempt for illegally disposing of waste into Lake Nakuru.
The ruling comes after a suit filed at the Environment and Lands Court, Baboon Project Kenya alleged that both Kihika and Ng’ang’a have ignored an order issued on September 26, 2024, which permanently banned any further refuse disposal into the lake.
The court order, issued by the Environment and Lands Court, was intended to stop the continued pollution of Lake Nakuru, but the NGO claims that waste disposal has persisted, causing damage to the ecosystem.
“Susan Kihika being the Governor, officer, agent or servant of 1st respondent (County Government of Nakuru) be committed to prison for a term not exceeding 6 months for failing to comply with the order of this court made on 26th September 2024,” read part of the application.
Simon Mbuthia Gichohi, Director of Baboon Project Kenya, noted that despite being aware of the order, the county government and the water company have refused to comply.
“They have continued to dispose of refuse, toxic chemicals, and industrial wastes into Lake Nakuru Basin,” the suit read further.
Simon insisted that the government’s actions are harming wildlife and the environment. He claims that the illegal disposal of industrial waste into the lake is severely degrading Lake Nakuru National Park and endangering species like baboons, which drink from its polluted waters.
The county government, Nawasco, and the National Environment Management Authority (Nema) have been accused of abdicating their constitutional mandate by allowing the illegal discharge of toxic industrial waste into the lake.
The petitioners noted that the county government is not complying with the Wildlife Conservation and Management Act, as it continues to issue licenses and title deeds to industries without considering the environmental impact.
However, through Nakuru County Secretary Samuel Mwangi Mwaura, Governor Susan Kihika opposed the case, arguing that she was not responsible for the operations of Nakuru Water and Sanitation Services.
“I contend that, in the circumstances of this petition, the petitioner has not and cannot prove any element of contempt against the governor of the first respondent (Nakuru County),” Mwaura stated.
In a judgment delivered on September 2024, Justice Ombwayo noted that an assessment report on fish species diversity and water quality in Lake Nakuru, along with an eco-toxicological study, found that the lake’s water quality has deteriorated due to organic pollution from domestic wastewater, storm runoff, and industrial discharge.
“This court comes to the conclusion that the petition is merited, as the respondents (county government) bear a greater responsibility in the management and protection of the environment, specifically Lake Nakuru—a responsibility they have abrogated,” the Environment and Land Court judge stated.
The judge issued a mandatory order compelling the county government and the water firm to find an alternative disposal site for all toxic chemical and industrial waste.
