Contractor bows to locals’ pressure, moves to rectify mess on World Bank-funded project

The Waruhiu contractor working on the World Bank funded drainage Project in Manyani,Kivumbini in Nakuru East sub county is  finallyin bowing to pressure after locals petitioned the County government of Nakuru over the delays in the works that was now posing danger to the locals.

The contractor who had delayed the work leading to the pool of water on the lower part of the project has now moved in with speed to rectify everything.

The petition received by KWS.PHOTO/Pristone Mambili.

This is said to have been occasioned by the fact that there was to be a mutual understanding between the contractor and the KWS so that the drainage system could end up in the park after sieving.

However, sources have it that workers were spotted on site trying to make an exit of for the storm water into the park to avert the danger it was posing to locals especially the children in the area.

Residents of the area had raised concerns over dangers posed by stalled construction of the storm water drainage project.

In the public petition that by the time the time of publishing this article had been served to KWS offices and received by Community Commandant Ms Salome Chelolgo, the locals said  the World Bank-funded project had turned out to be a  disaster in waiting rather than a solution to the perennial flooding which caused havoc in the area.

According to the petitioners, the storm water from the drainage had formed a stagnant pool with a depth of six feet and overflowing during heavy rains flooding the nearby plots.

The locals also stating that the stagnant pool had been a point of accidents with four motorcyclists having been saved from drowning after sliding into the pool.

A section of residents of Kivumbini led by Martin Lunalo addressing media in Nakuru.PHOTO/Pristone Mambili.

The water which had no exit was also causing damages to the residential perimeter walls within the area with risk of collapsing due to the soaked underground soil caused by prolonged stagnant water.

Addressing media on Wednesday after submitting the petition to the Nakuru’s KWS offices, the residents led by Martin Lunalo were categorical the matter should be addressed amicably.

“We have submitted the petition to KWS who are also a party since the water has to be directed to the park. We shall be moving to the governor’s office over the same. We demand that the county government of Nakuru and respective authorities commence reasonable engagements and discussion with a view to end the menace to avert the impending disaster associated with the stalled project” he said.

Similar sentiments echoed by Hoseah Ochieng- a resident who stated that the pool of water on the lower part of the project that was occassio0ned due to lack of exit way was a major danger to children.

“We therefore demand that the county government of Nakuru and respective authorities commence reasonable engagements and discussion with a view to end the menace to avert the impending disaster associated with the stalled project” read the petition.


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.

Four file a petition to stop swearing in of Nakuru’s nominated MCAs

The swearing in of Nakuru county MCAs has been hit setback after four women aspirants from Jubilee Party filed a petition before a Nakuru court seeking to stop the swearing in of nominated Members of County Assembly on Wednesday.
Filed under certificate of urgency, the four accused the Independent Electoral and Boundaries Commission (IEBC), Jubilee party (JP) and the Clerk of Nakuru County Assembly of discrimination and alienating their names from the list of shortlisted MCAs.
Irene Jerop Cheboi, Catherine Lekuta, Elizabeth Nanan and Jane Simita in their suit said they do not know which criteria were used in nominating the MCA.
It should be noted that Cheboi, Lekuta and Simita vied for the positions of MCAs in Mauche ward in Njoro Constituency, Waseges Ward in Subukia and Mbaruk Ward in Gilgil respectively.
However, Nanan did not vie for the position but had applied to be nominated as MCA in Rongai.
They however lost during the party primaries held in April 2017 but never gave up and applied to the party and IEBC to be considered as nominated MCAs.
Through their lawyer David Mongeri, they claimed the first list of nomination had their names as they were shortlisted candidates to be nominated to the position however a second list by the IEBC saw three names missing and only Lekuta’s name could be seen.
They claimed the minority communities including the Maasai, Tugen and Turkana have been sidelined and left out.
They further accused the party of not being lenient to them and favoring some wards.
“The party would have been lenient enough to at least give two posts in a constituency instead of repeating for a ward that already had a chance in 2013,” read part of the application’s supporting statement.
“Having been listed in the first list we do not understand the criteria used by the party and the commission in eliminating us,” continued the statement.
Gender issues and minority communities they claimed were not considered by Jubilee party and IEBC while making the decision of who to nominate for the positions.
The four prays to the court to issue permanent injunction orders stopping the swearing in of nominated MCAs and order the process be redone.
They also want the court to declare the process and decision by Jubilee party and the electoral commission of publishing two lists of shortlisted nominated MCAs irregular and discriminatory and in contravention of the law.
The case will be heard on Wednesday subject to availability of a presiding judge .
PHOTO/ County Assembly building.

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