Nakuru Governor Susan Kihika Sentenced to Six Months in Jail for Contempt of Court Over Lake Nakuru Pollution

 

By Lucy Jemeli 

In a dramatic and highly publicized ruling, Nakuru Governor Susan Kihika has been sentenced to six months in jail or a Ksh 2 million fine for contempt of court. The ruling stems from her failure to comply with a court order to halt the disposal of toxic industrial waste into Lake Nakuru, a move that has raised concerns about the lake's environmental health.

The case, brought forward by the environmental advocacy group Baboon Project Kenya, accused the county government of continuing to pollute the lake despite a court order demanding that such activities cease. The group's legal team argued that the ongoing pollution posed a significant threat to the lake’s ecosystem, which supports diverse wildlife and is a key attraction for tourism in the region.

Justice Anthony Ombwayo, who presided over the case, expressed strong disapproval of the county's actions. He stated, "Despite being made aware of the order, the respondents have refused to comply and have continued to dispose of refuse, toxic chemicals, and industrial waste into the Lake Basin."

In her defense, Governor Kihika, through Nakuru County Secretary Samuel Mwangi Mwaura, argued that she was not directly responsible for the operations of the Nakuru Water and Sanitation Services Company (NAWASCO), which handles waste management in the region. "The petitioner has not and cannot prove any element of contempt against the Governor," Mwaura said, maintaining that the Governor should not be held accountable for the actions of the company.

However, the court dismissed this defense, asserting that the county government has a fundamental responsibility to manage the environment and protect the county's natural resources, including Lake Nakuru. Justice Ombwayo emphasized that the county's neglect in fulfilling its environmental obligations had led to severe ecological degradation.

The court also highlighted the detrimental effects of the pollution on the lake's wildlife, which relies on its waters for survival. "The continued contamination of the lake jeopardizes the health of its ecosystem and the wildlife that depend on it," Ombwayo noted in his judgment.

In addition to the jail sentence or fine, the court ordered the Nakuru County government to immediately cease the illegal disposal of industrial waste into the lake and take swift action to restore the lake's ecological balance.

This landmark ruling has garnered widespread attention, sending a strong message to public officials about the importance of complying with court orders and upholding environmental conservation laws. The case highlights the growing pressure on government authorities to take responsibility for protecting Kenya's natural resources, especially in the face of increasing environmental challenges.

As the ruling unfolds, it remains to be seen whether Governor Kihika will appeal the decision or take the necessary steps to comply with the court’s order.

February 18, 2025