A team constituted by Chief Justice David Maraga has summoned an expert who advised the government on the construction of the Sh38 Billion Itare Dam in Nakuru county.
The specially constituted three-judge bench of High Court judges John Mutungi, Dalmas Ohungo and Mohamed Kuno is to hear and determine three cases challenging the construction of the Italy-funded project filed in 2016.
After considering the arguments in the three petitions, the Judges ordered an expert witness to break down the findings of a report conducted to determine the adverse effects the project.
"The court hereby summons the third respondent’s expert to explain the issues raised in the petition," the judges ruled.
[caption caption="President Uhuru Kenyatta witnesses signing of Sh38 Billion deal by Italian Prime Minister Matteo Renzi"]
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The court also ruled to join the three petitions after finding that they were seeking similar orders.
The Luo Council of Elders, the Kipsigis Council of Elders and the Ecosystems Social Economic Development Organisation (ESEDO) are seeking to have the Rift Valley Water Services Board (RVWSB), Water Cabinet Secretary Eugene Wamalwa and Environment CS Judi Wakhungu barred from executing the project.
The petitioners claim that the dam will turn their fertile, arable counties into drylands. They further claim that the project coordinators did not take the necessary steps in setting up the project.
The government, however, holds that the environmental impact assessment conducted by the experts dismissed the possibility of such negative consequences to the counties.
A deadline was issued by the court to have the respondents file supplementary affidavits, annexing the structural layout of the project before December 31. The case will be heard on February 28.
President Uhuru Kenyatta witnessed the signing of the deal behind the project's funding at State House in 2015. The Italian Prime Minister Matteo Renzi promised that her government would fully fund the project.
[caption caption="President Uhuru Kenyatta witnesses signing of Sh38 Billion deal by Italian Prime Minister Matteo Renzi"]
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