• Justice Kemei gave interim orders suspending the government’s Gazette Notice No 1644 dated February 10, 2023, that sought to acquire land for construction of the dam.
• President Ruto says he wants to build 100 mega dams and water pans.
Image: JOHN KAMAU
The High Court has suspended the construction of the Sh13 billion Ndarugu II dam in Gatundu North, Kiambu county, pending hearing and determination of a petition filed by residents.
At the Lands and Environment Court in Thika judge Grace Kemei on Monday gave interim orders suspending the government’s Gazette Notice No 1644 dated February 10, 2023, that sought to acquire land for construction of the dam.
This is after residents, whose land is expected to be used for the project, sought to quash the Gazette Notice.
The 485 residents led by John Mwangi Kariuki, James Muchai, Willy Githua and Patrick Kariuki named the National Lands Commission , Athi Water Services Board and the China Road and Bridge Corporation as respondents in the petition.
The petitioners sought orders to declare that the process of implementing construction of the Ndarugu II dam project was marred with opacity, lack of information and suppression of free, prior and informed consent. As such, it is unconstitutional, they argued,
They also applied to have Athi Water’s staff, agents and employees barred from trespassing on their land in Gathaite, Watathi, Mwimuto, Gatei and Kanjuku villages.
The land owners also sought orders to declare that the exercise by the respondents threatens and contravenes the national principles of transparency, accountability, public participation and the rule of law under Article 10 of the Constitution.
While delivering her ruling on Monday, Justice Kemei said the contentious notice was intended to acquire the properties for the project.
This was contrary to the earlier claims by respondents who had told the court the Gazette Notice was for purposes of carrying out a geophysical survey of 22 parcels to determine whether the area would be suitable for construction of the dam.
“The court is satisfied that the petitioners have disclosed a case to warrant a grant of interim orders and I proceed to grant the same in terms of prayer number three of the said application, "she said.
"That is to say that an order be and is hereby issued suspending the implementation of the Gazette Notice Number 1644 dated February 10, 2023, being the intention to acquire land for construction of Ndarugu II dam project in Kiambu pending the hearing and determination of the matter,” Kemei ruled.
Kemei set May 11as the hearing date for the petition.
Ndarugu II dam is among the 100 mega dams that President William Ruto’s administration is planning to mitigate drought in the region and ensure there’s enough water for domestic and irrigation purposes.
The government says the dam will be used to conserve water for use in homes and farms during dry seasons.
(Edited by V. Graham)