A Kisumu court has pocked holes in the petition challenging the relocation of the Kachok dumpsite filed by residents of Kajulu.
The court dismissed the respondents allegation of being denied access to information concerning the project citing insufficient evidence.
While delivering his verdict on Wednesday, Justice Stephen Kibunja also rejected claims that the company hired to transport the waste was not licensed.
According to the Judge, NAYA holdings limited which was contracted to transport the waste was issued with a license by NEMA on January 30 2018, a day after the petition was received by the court.
“This disqualifies the claims by the petitioners that the company is not licensed to transport waste,” he stated.
Justice Kibunja also noted that the petitioner’s affidavits were presented in singular form and therefore left the court wondering whether it was filed by the four petitioners or by one of them.
“Even if it was one of them, there is no document illustrating that the other petitioners gave authority to the first petitioner to sign and file the affidavits on their behalf,” said Justice kibunja.
Justice Kibunja, however, directed the county government to re-advertise the petition on a daily newspaper with national circulation so that those who are affected or interested in the case can freshly apply to be enjoined as interested parties.