A Nakuru high court on Thursday granted the Attorney General seven days to file a response in a case where residents are challenging President Uhuru Kenyatta’s recent parastatal appointments.
Justice Abigael Mshila allowed the AG’s office to file the response before the suit where the more than 600 residents of Nakuru County are challenging the President’s board appointments to the Geothermal Development Company (GDC) is heard.
The residents, in a suit they filed at the High Court, faulted the composition of the board saying it is discriminative against them, it is biased and violates the provisions of Article 69 (1) (a) by failing to share the national resource exploited by the company at the Menengai Crater.
The lead petitioner in the case, Joachim Njui, states that none of the five board members appointed by the President hails from the county, and as such, the distribution of the slots were not equitable.
They have also sued the Ministry of Petroleum and Energy and the GDC Company alleging that the company has been discriminative by giving the locals, especially the youth, a raw deal in its recruitment of staff despite the county hosting the power plants.
The residents averred that despite locals in the area having the relevant qualifications and competencies to acquire the jobs, they have been handpicked adding that the company being a state corporation should ensure that locals from the area benefit from the resource.
GDC has also been accused of not reflecting resources equability to the people of Nakuru County who bear the blunt of environmental degradation as a result of activities of the power production company.
The petitioners have accused the company of emitting hazardous gases to the air thus adversely affecting the atmosphere of the local community. They had asked for orders compelling GDC to reconstitute its board and allow the petitioners 95 percent of appointments in the board.
However their prayers seeking orders barring GDC from convening any board meetings of directors pending hearing and determination of the matter were yesterday dismissed by Justice Mshila. The judge noted that the orders been sought do not have any benefit to the residents and they have not proved to the court what harm it would cause them if GDC conveyed any board meeting of directors.
“The company needs to continue operating and decisions made cannot be implemented if the order been sought is granted as that will disrupt the operations and would be prejudicial,” she said ruled.
The residents also want the company be compelled to release and make public its Environmental impact assessment report.
President Kenyatta last month made some 302 appointments of individuals to various State corporations and agencies. One of the beneficiaries was lawyer Gershom Otachi, who was picked to chair the GDC board that comprises members; Salaton Letaipan, Michael Ogwapit, Dr Stephen Njiru and Florence Chepng’etich.
Hearing of the case was slated for May 26 when the AG is expected to have filed a response to the claims.