Nakuru high court judge has faulted the management of Gioto dumpiste in Nakuru saying that it gravely violates and undermines the fundamental rights of the people around it to clean and healthy environment.
In a case lodged by two residents John Kinyanjui and Martin Rabera, Environment and Lands court judge justice Dalmas Ohungo declared that it violated the petitioners right to clean environment.
However, the judge declined to issue mandatory injunctive orders sought to stop dumping of waste in the area noting that the site receives waste from Nakuru town daily which has to be deposited somewhere yet he is not aware of an alternative waste disposal site for the town.
The petitioners through their lawyer Elijah Maragia in November 21, 2012 accused the Municipal council then of allowing the dumping of refuse at Gioto and failing to exercise control of the waste allowing it to scatter all over.
The judge directed County Government to apply for a waste disposal site license in respect to Gioto waste disposal site within 30 days while ordering NEMA to consider the application for licence and process it within 45 days from date of application and monitor the compliance periodically and update the court on it.