A three judge bench hearing a petition challenging the construction of multi-billion Itare dam in Kuresoi,Nakuru county on Tuesday unanimously resolved to physically visit the site of the project on 7th May 2018 before proceeding with the case.
This follows an application made on Tuesday to the court by the counsel representing the petitioners in the case.
Lead counsel for the petitioners James Mwamu while presenting the prayer to the court stated that it was appropriate for the court to visit the project site.
Similar sentiments echoed by Lawyer Bernhard Kipkoech Ng’etich who is also representing all the petitioners in petition number 44 and two petitioners in petition number 45 before the High court.
Despite the defense objecting to the prayer sought by the Petitioners’ lawyers, the three judge bench allowed the request.
Presiding judge John Mutungi stated, “Following request by the the petitioners’ counsel the court after consultations has resolved that to visit the site on the 7th May 2018.”
The development comes after the three judge bench of the high court in Nakuru had testimonies from environmental expert Engineer Zablon Oonge for two days (Monday and Tuesday).
During the Monday cross examination,the environmental expert told the High court in Nakuru that the construction of Itare Dam in Kuresoi South will have no negative impact on the rivers downstream since the rivers mentinoned by the petitioners have nothing to do with the Sondu system.
However,Tuesday cross examination session was heated with the environmental expert put to task by the petitioners’ counsel to explain to the court the creteria that was used to ensure public participation for the locals that the project have negative impact.
It emerged that there was no public participation for the locals downstream who might have the feeling of the negative impact of the project.
The matter is being heard by a bench of three judges John Mutungi, Dalmas Ohungo and Mohamed Kuno.
There are three separate petitions filed by the Luo Council of Elders, the Kipsigis Council of Elders and the Ecosystems Social Economic Development Organization.
PHOTO/How Kenya:Itare Dam:A three judge bench hearing a petition challenging the construction of multi-billion Itare dam in Kuresoi,Nakuru county on Tuesday unanimously resolved to physically visit the site of the project on 7th May 2018 before proceeding with the case.