• He was charged with five counts, including implementing a project likely to have a negative environmental impact without approval
Image: CLAUSE MASIKA
The National Environmental Management Authority suffered a blow on Thursday after a lawyer charged with operating a car wash on riparian land was acquitted.
City lawyer Rhumba Kinuthia was acquitted after Kibera principal magistrate Derick Kutto said he had no case to answer.
He was charged with five counts, including implementing a project likely to have a negative environmental impact without approval and carrying out an activity in a riparian reserve.
Another count said Kinuthia developed the business within a minimum of six and a maximum of 30 metres from the highest ever recorded flooded level, on either side of the river or stream and failing to comply with lawful order contrary to Nema Act.
Kuto said the prosecution failed to satisfy the court that Kinuthia infringed the riparian land.
"I have already found that the prosecution has not satisfied me on the issue of infringement. It was admitted during cross examination that those who were doing the operations along the road were authorised by Nema," Kutto said.
The court ruled that both Nema and Nairobi county were public entities mandated to protect public interest and should work at proper purposes.
He said a Nema tribunal visited the site and affirmed that the developments were contacted as per the authority's regulations.
He said there was no strong reason to convict Kinuthia.
"Having considered all the witness, I am not satisfied the case against the accused person has any ground to convict him," Kutto said.
"From all the witness submission, I am without reasonable doubt aware that he has no case to answer, therefore the court has acquitted him."
"I have set him to liberty and the complainant has 14 days to appeal the ruling if he wishes to."
Kinuthia welcomed the ruling saying justice had prevailed. "It's now open that justice has been done, I thank the court for the ruling," Kinuthia said.