A Kakamega court has stopped Kisumu county and Nyanza Golf Club from interfering with a wetland around the mouth of River Kisat until a case against them is concluded.
A lobby accused the two of reclaiming the wetland without public participation. Magnum Environmental Network asked the court to permanently restrain the two from engaging in any activity harmful to the riparian land around Lake Victoria.
The orders were granted on Thursday by Judge B. Olao after the case was certified as urgent.
“A temporary injunction is hereby issued against the respondents, their employees, agents, servers under their orders jointly and severally restraining them from interfering, reclaiming, murraming, dumping any substance or engaging in any activity that will degrade the riparian land," the orders read.
The case will be heard on May 2 at the Kisumu Environment Court. The court ordered that an application be served for an inter-parties hearing on a date yet to be fixed.
The county plans to build a waterfront at the site to boost the hospitality industry.
Magnum chairman Michael Nyanguti said wetland reclamation is untenable in law without wide consultations with players such as the National Environmental Management Authority and the Water Resource Authority.
“An environmental impact assessment has not been carried out and no licence has been issued by Nema and the National Construction Authority as required by law for a project of this magnitude," he said.
The lobbyist wants the respondents directed to restore the wetland to its original status. He also wants them to vacate and cease any activity that may be harmful to the ecosystem.
He says the respondents had violated the Constitution by announcing that they had agreed to develop the area and reclaiming the wetland without due process.
The respondents' action, if allowed to continue, will set a bad precedent that will expose wetlands to total destruction, Nyanguti argues.
He says the wetland removes heavy metal substances from the sewerage and municipal runoff water and "the reclamation will eliminate this function, thus exposing residents and fish to heavy metal contamination and health consequences."
“The residents of Kisumu city will be exposed to the danger of sewerage waste being drifted by water current to the Kisumu Water and Sewerage Company intake point at Hippo Point, with resultant contamination and poor quality drinking water."
The fish stock will dimish and fishermen will lose their livelihoods, Nyanguti said.
