A three judge bench hearing a petition challenging the construction of multi-billion Itare dam in Kuresoi, Nakuru county on Tuesday unanimously resolved to physically visit the site of the project on May 7 2018 before proceeding with the case.
This follows an application made on Tuesday to the court by the counsel representing the petitioners in the case.
Lead counsel for the petitioners James Mwamu while presenting the prayer to the court said that it was important for the court to visit the project site.
Similar sentiments were echoed by Lawyer Bernhard Kipkoech Ng’etich who is also representing all the petitioners in petition number 44 and two petitioners in petition number 45 before the high court.
Despite the defense objecting to the prayer sought, the three judge bench allowed the request.
Presiding judge John Mutungi said: “Following request by the the petitioners’ counsel the court after consultations has resolved that to visit the site on the 7th May 2018.”
The development comes after the three judge bench of the high court in Nakuru had testimonies from environmental expert Engineer Zablon Oonge for two days.
During cross examination, the environmental expert told the court construction of the damwill have no negative impact on the rivers in the area.
However, one session was heated when the expert was put to task by the petitioners’ counsel to explain to the court how public participation for the project was done.
The matter is being heard by a bench of three judges John Mutungi, Dalmas Ohungo and Mohamed Kuno.
There are three separate petitions filed by the Luo Council of Elders, the Kipsigis Council of Elders and the Ecosystems Social Economic Development Organization.