Judge allows petition filed by land owners

A group of landowners in Naivasha’s geothermal-rich Ol Karia region were a happy lot last Thursday after the High Court allowed a petition filed against the government.

Environment and Land Judge Sila Munyao sitting in Nakuru said issues of pollution of their water ways leading to deaths and ill-health cannot be wished away.

The residents living within Kedong Ranch land had moved to court to contest the erection of high voltage electricity lines through the farm by the Kenya Electricity Transmission Company.

The judge also faulted the power company for paying Kedong Ranch officials Sh108 million for a way leave. The court ruled that the move to pay out the cash was ill-advised since no due diligence was done to ascertain the state of the Kedong Ranch title.

“If KETRACO did a simple search on the property, they would have discovered a caveat was in place, but as to whether the petition by the Maasai Community members will succeed is a matter to be decided upon on its own merit,” he said.

The court warned that geothermal exploration deals paid for in a haste risk being declared illegal.

“In as much as we want cheap electricity it is prudent that all processes are carried out within the law. You paid out millions and also signed a multi-million contract to lay the line that you are now asking for Sh10 million from the Maasai community for blocking its construction. What happens when you erect a line worth billions of shillings from Ol Karia to a substation and then it is later declared illegal and ordered removed?” he said.

The court threw out the preliminary objection and urged all parties to file their papers and be ready for the mention of the petition on March 19 in the case pitting Kedong Ranch officers against a Maasai community.