Chief Justice David Maraga has appointed a three-judge bench that will determine whether a Sh38 Billion project commissioned by President Uhuru Kenyatta's will be discontinued in Nakuru County.
On Thursday, Justice Sila Munyao revealed that the CJ appointed the team to hear a case seeking to block the construction of the controversial multi-billion Itare dam in Kuresoi South.
“The Itare dam project case will now be heard by Justices John Mutungi, Kullow Mohamed and Dalmas Ohungo as earlier sought by the petitioners, ”stated the judge.
The multibillion-shilling project which is being funded by the Italian government has been riddled with controversy after a section of elders from the Kipsigis, Luo, Kuria, Abagusii and Ogiek Communities publicly opposed it.
[caption caption="Itare Dam Project"]
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Read Also: Itare Court Cases to Be Consolidated and Heard at Nakuru Court
They filed the case in the Environment and Land Court in Nakuru and through their lawyer, Mr James Mwamu argued that the matter was too sensitive to be heard by one judge.
In June, the elders from counties of Kisumu, Migori, Homa Bay, Siaya, Kisii, Nyamira, Narok, Bomet and Kericho sought the intervention of the Chief Justice.
The case was first filed in 2016, where the elders accused Water Cabinet Secretary Eugene Wamalwa and CS Judi Wakhungu of not taking the necessary steps before constructing the project.
They explained that the dam would affect their counties by resulting in the drying up of seven rivers namely Ndoinet, Songol, Chemosit, Tariganbei, Kipsonoi, Nyongores and Sondu.
While campaigning during the August elections, NASA Leaders Raila Odinga and Kalonzo Musyoka also objected the project citing that it would have adverse effects on the environment.
The case will be heard on November 27.
[caption caption="Residents Protesting the Itare Dam"]
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