Wajir locals seek injunction to stop water company's borehole drilling
By Joseph Ndunda |
The residents' main contention is that WAJWASCO embarked on a process of drilling wells near the shallow wells in the geographical areas of the locations without carrying out public participation in violation of the rights of area residents.
Residents of Lan Bib South, Umbi, Rifed and Shalete locations seeking to stop the Wajir Water, Sewerage and Sanitation (WAJWASCO) from drilling boreholes in the locations will have to seek remedies from the High Court's Environment and Land Court.
The residents' main contention is that WAJWASCO embarked on a process of drilling wells near the shallow wells in the geographical areas of the locations by Contract No. KE-WAJWASCO – 226565, without carrying out public participation in violation of the rights of area residents.
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Additionally, the residents say the required permits which should be obtained prior to commencement of such a project were not acquired as stipulated by the law.
The residents argue that the absence of a proper hydrogeological survey further exacerbated the potential negative impacts of the project necessitating a thorough review and immediate remedial action to rectify the procedural and legal deficiencies.
They sued WAJWASCO alongside the World Bank, the National Environmental Management Authority (NEMA) and the Eater Resources Management Authority (WARAMA) for failure to carry out an environmental impact assessment yet the same was critical in determining the viability of such a project on an environment.
The locals are apprehensive that the said drilling was done next to the traditional shallow wells thus creating a likelihood of the said wells drying up.
They had filed their petition at the high court in Garissa to stop the projects and Justice John Onyiego of the (Criminal Division), seized the matter downed tools to allow it to be handled by the appropriate court which he says is better placed.
Licences
The petitioners want the WAJWASCO permanently barred from drilling or operating any boreholes in the areas without the requisite licenses from the two state agencies.
In the petition filed on July 12, 2024, with three issues for determination including whether public participation was undertaken before the project was implemented, whether in implementing the project, the respondents acted in violation of articles 42, 43 and 69 and whether the necessary permits and licenses for the project were validly issued after due process.
"It was averred that under section 40 of the Act together with Part II of the Water Resources Management (WARMA) Rules 2007, the same make provision for the manner in which applications for permits ought to be made to the (NEMA)," stated Onyiengo.
"It was deponed that the (WAJWASCO) informed WARMA that it had begun regularizing their boreholes and to that extent, it furnished WARMA with the Hydrogeological Assessment Report that was prepared and annexed to the application."
WARMA only came to learn that WAJWASCO was yet to fully regularize the necessary documents required before the commencement of the project.
The residents urged the high court to allow the WARMA more time to enable WAJWASCO to act in accordance with the directives it had issued to it which required a 14-day period.
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