Conservatory court orders halt operations at timber,wood plant in Kabazi

Nakuru Law Courts.PHOTO/Hivisasa

Two residents of Nakuru County have obtained conservatory court orders to stop the ongoing timber/ wood/ pole treatment plant at Kabazi Plot Nos. Kabazi/Kabazi block (Kihoto) /940/939/804/938.

The petitioners had moved to the Environment and Land Court in Nakuru petitioning the County government of Nakuru over ongoing timber/ wood/ pole treatment plant at Kabazi plot Nos. Kabazi/Kabazi block (Kihoto) /940/939/804/938 without evidence of environmental impact assessment licence.

Robert Njenga as the 1st  petitioner and Daniel Irungu Maina as the 2nd petitioner also argued that there has been no signage on the site contrary to the Environment Management and Coordination Act, 1999.

The petitioners also raised concerns that there was no public participation contrary to article 10 of the Constitution of Kenya.

They also raised concerns that in the establishment of the same, there was a failure to provide a secure environment contrary to Article 70 of the Constitution of Kenya.

According to one of the petitioners Robert Njenga, there has been a push and pull over the matter claiming that some of the people involved are close associates of the County Government of Nakuru.

They told the court that the wood/pole treatment plant uses heavy chemicals such as Ammonium Copper Zinc Arsenate (ACZA), Ammonium Copper Arsenate (ACA) Chromate Copper Arsenate
(CCA) and Copper Naphthenate) that produce fumes and seepage to adjacent water sources (river and households water wells) thus polluting both water and soil with a very likelihood of causing respiratory problems and permanent damage to the stomach.

And in his direction on 16th April 2020 Nakuru Environment and Land Court Justice Dalmas Ohungo certified the application as urgent.

Justice Ohungo ordering that, “Pending the inter-party hearing of the application, a conservatory order is hereby issued restraining the respondents, their agents, servants or any other person acting on their instructions from continuing with any installations, operations or construction works in respect of the wood/pole treatment and concrete post plants on their Kabazi plots mentioned in the petition.

The Judge also directing that the orders be served by close of business on 20th April 2020.

The matter will be mentioned on 18th May 2020 but advised that if the COVID-19 pandemic persists and if normalcy in court operations shall not have resumed, the mention shall be through video conferencing.

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