- The residents on Sunday held a fundraiser to raise legal fees as they sought to stage a tough legal battle against the state.
- Ndarugu II dam is among the 100 mega-dams that President William Ruto’s administration is riding on to mitigate drought in the region
Image: JOHN KAMAU
The standoff over the construction of the Sh13 billion Ndaragu II dam in Gatundu North constituency pitting residents and the government has taken a new twist after residents vowed to challenge the project’s implementation in courts.
Residents from Gathaite, Mwimuto, Gatei, Kanjuku and Watathi villages have been against the construction of the Ndarugu II dam which they say will displace them from their ancestral homes and further impoverish them.
The residents on Sunday held a fundraiser to raise legal fees as they sought to stage a tough legal battle against the state.
The dam that has been surrounded by controversy has been met with huge opposition by area residents who have declined to cede their land to pave the way for its implementation.
Residents have since moved to the Lands and Environment Court in Thika seeking to have the project stopped from taking off.
In court, the residents successfully sought orders to suspend the government’s Gazette Notice No 1644 dated February 10, 2023, that sought to acquire land for the construction of the dam.
The 485 residents led by John Mwangi Kariuki, James Muchai, Willy Githua and Patrick Kariuki named the National Lands Commission (NLC), Athi Water Services Board and China Bridge Corporation as respondents in the petition.
Lady Justice Grace Kemei while delivering her ruling pointed out that contrary to the respondents who had earlier told the court that the Gazette Notice was for purposes of carrying out a geophysical survey on 22 parcels of land in order to determine whether the area would be suitable for construction of the dam, the contentious notice was intentioned to acquire the properties for the project.
Speaking after the fundraiser, the irked residents urged the government to consider relocating the project to another place.
They argued that the villages are the food basket for the region noting that most of them are pineapple, avocado, tea and coffee farmers.
Led by Wanjiru Wa Kagunyi, Njoroge Mwangi alias Muteti and Esther Wangari, the residents said they have been living in fear of being forcefully evicted and as such, many of them, especially the elderly have developed psychological challenges.
Insisting that leaving their ancestral land for the project could attract curses, the residents urged the government to brace itself for serious litigation that will in the long run stop the multi-billion project.
“We will never leave our ancestral land no matter how much we will be pressurised by the government to do so. The government has ample land like in the forest where they can relocate the project to instead of displacing people from their homes,” Wanjiru said.
The residents noted that besides displacing them, the project if implemented will deal a huge blow to food security in the region saying that it is designed to gobble up fertile and arable lands in the area.
“We will fight for our rights with all our might. Even if the government has more financial muscles than us we won't retract from our pursuit of justice,” resident Mwangi said.
In May this year, Justice Kemei pushed the hearing of the matter to September 28, 2023, after it emerged that some of the respondents in the matter had not filed submissions on time.
Ndarugu II dam is among the 100 mega-dams that President William Ruto’s administration is riding on to mitigate drought in the region and ensure there is 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.