[A section of Itare dam in South Rift. A Kisii court on Tuesday transferred the case to Nakuru Environmental and Lands Court. Photo/nation.co.ke]
A Kisii Court on Tuesday ordered the transfer of the cases related to the Itare Dam Water Supply Project to the Nakuru Environmental and Land Court.
This is after a group of elders’ councils drawn from nine counties filed an application in court seeking to halt the construction of the dam.
The Sh 38 b project has been at the centre of an environmental and political controversy, with President Uhuru Kenyatta and opposition chief Raila Odinga trading barbs and accusations over its suitability.
At the session’s onset, Justice John Mutungi had sought to know from the legal teams present whether there were related matters filed before court.
According to Mr Gordon Ogolla, counsel for the petitioners, the first petitioner in the related matter was named as the Kipsigis Council of Elders with the second petitioner named as Essedo, a civil society group.
“I have already consulted my colleague in Nakuru and actually asked the judge to refer the matter to the Chief Justice to constitute a three-judge bench so that the matter can be heard conclusively,” said Justice Mutungi.
Counsel for the petitioners Mr James Mwamu initially objected to the suggested move by the judge, saying the suit filed before the Kisii Court was concerned with a matter that would affect residents in counties near it.
“The suit filed in Nakuru covered matters upstream of the dam while our application relates to matters downstream of the project. This court is therefore the one with the right jurisdiction to handle the matter,” said Mr Mwamu.
The Sh38 billion dam in Nakuru County has been the subject of controversy, including an attempt to stop its construction by the Kipsigis Council of Elders, which was later joined by the Luo Council of Elders.
Since its inception in June last year, the project has faced opposition coined around a narrative of environmental degradation.
The project, which is funded by the Italian government, was picked under the national water master plan as one of Jubilee’s flagship projects. It is expected to serve 800,000 people in Kuresoi, Molo, Njoro, Rongai and Nakuru Town.
With a capacity to discharge 100,000 cubic metres of water a day, the 57-metre high dam will be managed by the Rift Valley Water Services Board.