The High Court today allowed six counties to be enjoined in a case in which Kipsigis Council of Elders are seeking to stop the construction of the Sh34 billion Itare mega dam in Kuresoi, Nakuru County.
Kericho, Nyamira, Narok, Bomet, Kisumu and Migori counties were listed as interested parties in the case in which they seeking to stop the construction of the dam on grounds that the project directly affects their counties.
Migori county secretary Christopher Rusana in an sworn affidavit before the court said that his county was never consulted by the national government over the project adding that the environment report by the government showing that the county actively participated was a lie.
“It is baffling how the National government sought to move forward with the project without the environment impact assessment report and them saying we participated is not true, read the affidavit.
Lawyer Omondi Kisera for Migori county,sought to have the court grant them leave to file a cross application on the matter expressing fears that if the petitioners would wish to withdraw the suit they would be left hanging.
“I would wish to seek leave to file a cross application on the matter since when the elders move forward to withdraw the case we would be left without grounds to continue,” he said.
According to lawyer Omondi, the court should allow the counties not only to be interested parties in the case but to hold a share in the whole suit.
The case however failed to proceed to hearing after the petitioners lawyer Kipkoech Ng’etich failed to show up due to bereavement of his father.
Through a letter before the court, lawyer kipkoech sought to have the matter adjourned to a later date to allow him finish with the burial arrangements.
The elders moved to court through lawyers Kipkoech Ng’etich seeking orders to have the construction stopped adding that residents living within Ndoinet and kuresoi areas will be greatly affected claiming the dam would turn the area into an arid landscape.
They further added that the area could experience acute water shortage, and agriculture would be adversely affected.
Justice Dallmas Ohungo allowed the adjournment of the matter slating hearing of the matter on March 2.
