Itare dam dispute tightens as locals seek CJ Maraga help

The controversy surrounding construction of the multibillion-shilling Itare dam in Nakuru County has deepened.

This is after a group of elders from nine counties on Wednesday sought the intervention of Chief Justice David Maraga in resolving a case in which they have opposed the project.

They want the Chief Justice to direct that the case be heard by a three-judge bench.

The Kipsigis, Luo, Ogiek, Kuria councils of elders, the Abagusii Cultural and Development Council, through lawyer James Mwamu, petitioned Environment and Lands Court Judge James Ohungo seeking to have Justice Maraga form a three-judge panel to hear the case.

The elders - from Kisumu, Migori, Homa Bay, Siaya, Kisii, Nyamira, Narok, Bomet and Kericho counties - argued that the importance and sensitivity of the matter require it to be heard by more than one judge.

RENDERED DRY

“The matter is of public interest as it touches on nine counties making it weighty and more sensitive. We want the Chief Justice to intervene and help in deciding on the fate of the water dam,” said Mr Mwamu.

In the case filed in 2016 the elders have sued Water and Irrigation Cabinet Secretary Eugene Wamalwa, his Environment and Natural Resources counterpart Judi Wakhungu and the Rift Valley Water Services Board for disregarding necessary steps before starting construction on the dam.

They are seeking orders to prevent any construction work at the site pending the hearing and determination of their case.

In their submissions, the elders claimed that building the dam within the Mau water catchment area would deprive their counties of water as rivers flowing through the nine counties originate from the Mau forest water tower.

The court heard that the Sh38 billion project would directly affect their counties, which they say are at risk of becoming dry lands.

OBJECTION

The six counties, represented by their respective lawyers, had earlier told the court that rivers Kipchorian, Chemosit, Jamji and Kapsonoi, which flow to Lake Victoria, will be redirected leading to lack of water during and after the construction of the dam.

They told the court that the petition raised complex environmental concerns that called for the judicial interpretation of laws regarding the environment.

Mr Mwamu stated that the State had failed to consider the impact of the dam on even neighbouring counties that benefit from the Mau forest waters.

But State lawyer B.O. Okang’o has objected to the petition, saying forming a three-judge panel would only delay the matter.

Mr Okang’o said the issue raised had nothing to do with interpretation of the law and only needs application that he said can be comfortably handled by a single judge.

Justice Ohungo, however, directed that the ruling on the petition be made on July 31.

He allowed an application by the Rift Valley Council of Elders to be enjoined in the case as interested parties and gave them 50 days to file their submissions.