Nakuru High court has declined to stop the construction of Itare Dam in Kuresoi North constituency.
Deputy registrar Daisy Mosse, however, certified the case as urgent.
The Kipsigis Council of Elders had moved to court to stop the construction of Sh38 billion dam.
The Council chairperson Joseph Kimetto claimed the mega dam would divert rivers from Mau and Ndoinet forest to Nakuru and Baringo counties
In their affidavit, the elders claimed the dam would turn the area into an arid landscape. They claimed the area would experience acute water shortage, and agriculture would be adversely affected in the region.
The suit will be heard on September 28.
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