• The petitioners say there is a deliberate and incremental discharge of toxic waste into the Nyando River basin
• Say the discharge has adverse consequences to the health of all residents downstream.
Image: FAITH MATETE
A ruling on a petition to close down Agro Chemicals and Food Company for discharging raw industrial effluent into River Nyando will be made on Wednesday.
The petitioners Patrick Odundo and Maxwell Otieno want the company stopped from any further discharge of its industrial waste into Nyando River and the adjunct Muhoroni township.
The two want the operations of the company suspended at its main plant in Muhoroni pending the hearing and determination of the petition.
In the lawsuit filed before the Environment and Lands Court Judge Anthony Ombwayo, the company is the first respondent, the National Environment Management Authority (Nema) and the Attorney General are second and third respondents.
The petitioners say there is a deliberate and incremental discharge of toxic waste into the Nyando River basin with adverse consequences to the health of all residents downstream.
They claim farming, fishing, livestock keeping, laundry, domestic and other related economic activities derivative of the river waters have been disrupted.
They say that the respondents have abdicated their lawful mandates by permitting and condoning the illegal discharge of toxic industrial waste.
“Nema had withdrawn the licence of the company on account of breaches and non-compliance with the law regarding refuse disposal, factual proof of imminent danger posed by the company to the petitioners and their fellow residents,” read the court documents.
Company's response
The company has denied discharging raw effluent into River Nyando saying that they are legally compliant.
In their replying affidavit, Peter Kihunyu Macharia, the environment and safety manager at Agro Chemicals said that the company is legally compliant and have been issued with up to date licences.
Under the Environment Management and Coordination Act, the company is required to carry out environmental sustainability, monitoring and reporting to Nema.
Nema response
The county director of Nema Tom Togo said the company has been on their radar due to complaints on pollution arising from its distillery of alcohol spirits where untreated effluent has been discharged into the environment especially in Nyando.
Togo said that the company applied for an Effluent Discharge Licence (EDL) for the year 2019.
Nema officers then conducted an inspection at their premises on March 6 and recommended the suspension of the operations of the company due to the dire state of liquid waste management.
“As a follow up action, a team from Nema headquarters accompanied by some officers further inspected and monitored the company on April 10 but found the situation still wanting. A recommendation to issue an improvement order was given,” he said.
Togo further said in his affidavit that the intention of cancelling ther EDL is yet to be implemented by the company through the same is in the pipeline.