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February 04, 2012

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Kenya – 4 Feb 2012 –

THE deputy registrar of the Constitutional court in Nairobi has made an extensive tour of Karuri town in Kiambu to establish the truth over allegations of illegal dump sites. Accompanied by lawyers and security officers, P. Gicheha visited at least six illegal dump sites in Karuri area. The magistrate made the visit after Justice Isaac Lenaola made the directive on Monday.

The directive was in connection with a case filed by an NGO, Mwangara Humanitarian Assistance, which accused the Karuri County Council and the National Environment Management Authority of failing in their duties. The NGO accuses the environment regulator and the council of failing to stop the illegal dumpsites and provide information of designated sites for the disposal of wastes. This, the NGO says, is endangering the lives of the residents as well as farming activities.

Through lawyer Beatrice Nduta, the NGO says despite requests, warnings and consultations, the two bodies have failed to stop the dumping of wastes in the town and its environs affecting water resources, livestock, soil and agricultural activities. The residents say that Karuri will suffer irreversible damages and loss if the habit continues unattended. Nduta wants the court to issue a permanent injunction directing both the council and NEMA to address the situation so that the environment is protected because the people had the right to clean and healthy environment.

The NGO also wants the council to undertake to collect all the dumped waste in several sites with immediate effect and stop the waste pickers and other persons from dumping waste irregularly in any undesignated sites within Karuri area. Nduta says that the council should provide information to the public on the whereabouts of the designated landfill sites and areas for treatment of waste within the town. She wants both NEMA and the council summoned to court to explain their non-performance.

The NGO wants NEMA be ordered to deploy its officers to supervise and patrol the area and ensure the collection of the irregularly dumped waste and to prevent the continued dumping of waste. In photographs attached to the affidavit in support of the case, the NGO shows waste dumped along Ngecha road in Gachie area and many more sites. The case will be heard on February 17. Read original article