, KISUMU, Kenya, Dec 27 – Kisumu County Governor Prof Anyang Nyong’o has suffered a setback following a court decision to stop his administration from relocating Kachok dumpsite to Kajulu in Kisumu East Constituency.
The Environment and Land Court in Kisumu on Wednesday gave orders temporarily stopping the relocation until a matter filed by two residents is heard and determined.
Judge S M Kibunja gave the orders in response to a petition filed by Fredrick Nyesi and Rose Nyanjong.
The petitioners argue that transferring the waste to Kajulu has a great potential of exposing the residents to the real risk of of toxic substances seeping from the dumpsite to river Kibos and boreholes in the neighborhood.
Moses Omondi, the lawyer representing the petitioners, had sought conservatory orders restraining the county government from commencing the transfer of solid waste from Kachok to Kajulu.
In his ruling, Judge Kibunja however noted that the court did not bar the county from processing any relevant documents from government agencies for the relocation process.
This is after Bruce Odeny, the lawyer representing the contracted firm, Naya Holdings, told the court that his client has applied for a license from NEMA.
The county government represented by lawyer Godfrey Yogo told the court that the move has been given a clean bill of health by the Kenya Airports Authority allaying fears that it would disrupt the flight path.
Judge Kibunja has set January 18 as the day he will announce the date for mention and fixing of the judgment date.
Kisumu County Government wants to relocate the Kachok dumpsite to fill an abandoned quarry pit in Kajulu.