Wednesday, 31 October 2018
Thursday, 18 October 2018
Firm fails to dispose Kitui asbestos waste
Asbestos waste firm
stares at contempt case
By Martin Masai
A
firm associated with the family of Kenya’s first African Chief Justice faces
contempt proceedings after it failed to comply with a court order to remove
toxic asbestos waste from a Kitui site.
The High Court gave the firm- Sonata Limited
a 15 day ultimatum on September 28 to remove and dispose of the poisonous cargo. The deadline ended on
October 13,2018. Sonata first buried the waste at Kiongwe Valley on land associated with the Kitili family, raising hue and cry from residents over
looming danger of contaminating water sources at the valley.
Upon
assuming office, Governor Kaluki Ngilu, in response to calls from Kitui
residents, moved to secure the water tower by removing the waste that is now held
in two containers at a yard in Kanyoonyoo.
When
the matter came up before Machakos Resident Judge Justice A O Angote the court barred Kitili’s son-Maluki Kitili Mwendwa and
the company- Sonata Limited- from depositing any hazardous waste in Kiongwe
Valley LR Number Nzambani/ Maluma/ 690, pending the hearing of a suit filed by
the Kitui County Government against the pair.
The
order signified a major victory for Governor
Ngilu who made an election pledge to protect Kitui people from the poisonous
effects of the asbestos waste that Maluki and Sonata Ltd buried at Kiongwe
valley, endangering the lives of thousands of residents who draw water from
streams originating from the area marked as a water tower.
The judge partially
allowed prayers sought by the County Government of Kitui in an Environment and
Land Court Petition Number 2 of January 16, 2018.
A
spot check today by this writer at Kanyoonyoo noticed the containers defiantly
placed at the yard without any indication as to when the Court Order would
be obeyed.
Contempt
proceedings could result in a hefty fine, a jail term or other sanctions
against the offending firm jointly with its advocates, that court would deem
fit to meet the ends of justice.
Lawyer Simon Saili Malonza, who successfully prosecuted the petition
assisted by Mr. Davidson Makau and Marriane Mutuvi indicated today that he
will be filing contempt proceedings against Sonata Ltd for failure to comply
with the court order.
When
he gave the order, Justice Angote also directed that costs of the removal of the waste be met by Sonata Ltd and directed that the company, Nema
and Maluki pay costs of the application to the County Government.
“ A mandatory
injunction be and is hereby issued compelling the 1st respondent
to identify and relocate the asbestos which had been deposited on the suit land
to a different and suitable site, within fifteen(15) days, for disposal of the
waste in accordance with the provisions of the Environmental Management and
Coordination Act pending the hearing and determination of the petition” said
Justice Angote.
The County Government
has listed as respondents Messers Sonata Kenya Limited, Maluki Kitili Mwendwa,
National Environmental Management Authority (NEMA) as Ist, 2nd and
3rd respondents.
Maluki is the immediate
former NEMA Chairman and it is curious that he is facing a suit that runs
in the face of the public obligation that he was appointed to serve.
In the petition, the
government is seeking 9 prayers that include a declaration that Sonata Kenya
Limited is in breach of Article 42 of the Constitution of Kenya and that the
act of dumping asbestos waste in Kiongwe valley in connivance with Maluki, had
denied the residents of Kitui County the right to a clean and healthy
environment as guaranteed in Article 42 of the Constitution, thus leading to a
breach of the Constitution.
The government also
seeks and order for the restoration of Kiongwe valley to its original state
before it was violated by dumping of the poisonous waste and refund of tax
payers’ money that the County Government used to remove the waste.
Wednesday, 17 October 2018
Machakos, Makueni, Kajiado governors meet over Kilimanjaro water
Chelugui, 3 governors meet
to end Nol-Turesh water woes
By Governor's Press Service
Cabinet Secretary for Water and Sanitation Simon Chelugui on Tuesday held a consultative meeting with governors Kivutha Kibwana (Makueni), Joseph Ole Lenku (Kajiado) and Machakos deputy governor Francis Maliti to resolve the Nol-Turesh water conflict piting the three counties.
Friday, 12 October 2018
The Anchor (Web Edition): Fervent defense for KCHIC
The Anchor (Web Edition): Fervent defense for KCHIC: Drop the scorn, K-CHIC is a blessing to Kitui A COMMENTARY By Munyasya Musya Assistant Director The face of K-CHIC campaign Co...
The Anchor (Web Edition): Ngilu scores big on pledge to remove asbestos wast...
The Anchor (Web Edition): Ngilu scores big on pledge to remove asbestos wast...: Firm gets a 15 day deadline to remove asbestos waste The High Court today gave a company that dumped poisonous asbestos waste i...
The Anchor (Web Edition): Dr Wasanga records statement with EACC
The Anchor (Web Edition): Dr Wasanga records statement with EACC: Dr Wasanga grilled by EACC In storm over his new job By Anchor Reporter The Ethics and Anti-Corruption Commission ( EACC ) ...
The Anchor (Web Edition): Victory for Ngilu as Mount Kenya wholesalers case ...
The Anchor (Web Edition): Victory for Ngilu as Mount Kenya wholesalers case ...: Ngilu’s big victory in Public Health case By Martin Masai GOVERNOR Kaluki Ngilu today won a decisive victory for the people...
Thursday, 11 October 2018
Victory for Ngilu as Mount Kenya wholesalers case collapses
Ngilu’s big
victory
in Public
Health case
By Martin Masai
GOVERNOR
Kaluki Ngilu today won a decisive victory for the people of Kitui when a case
by Mount Kenya Wholesalers against the County Government dramatically collapsed at
the High Court.
Monday, 1 October 2018
Dr Wasanga records statement with EACC
Dr
Wasanga grilled by EACC
In
storm over his new job
By
Anchor Reporter
The
Ethics and Anti-Corruption Commission (EACC) have grilled the Makueni County
Secretary Dr Paul Wasanga over circumstances resulting in his appointment for
the job.
The
Anchor established yesterday that Wasanga had recorded a lengthy statement that
covers how he elbowed his way to become the county boss after he chaired the
panel that interviewed other applicants for the post
An
EACC source that is versed with the investigation said Wasanga and other
panelists, along with applicants who sat for the interview had recorded
statements.
Names of those who have recorded statements include Mr wasanga, who also is a former CEO of the Kenya
National Examination Council (KNEC), Eng
.Jacqueline Musyoki..former CEO..Kenya Water Trust Fund, Mr Benjamin Mutie who is the Chairman
of the Makueni County
Public Service Board. Incidentally, those
who have been grilled comprise a team that is seen as Governor Kivutha Kibwana’s
advisors.
Four other people who were candidates for the post
have also recorded statements with EACC. Investigators are analyzing score
sheets for each of the candidates and minutes generated by the interviewing
panel after each appearance.
The records were seized by investigators when the EACC
swooped in Dr Wasanga’s offices and those of the Makueni County Public Services
Board.
At the time of the interviews both Mr Wasanga and Dr
Musyoki did not have official designations at the County Government and
investigators are questioning the circumstances that catapulted them to the
panel. Mr Charles Mutuku, a monied.businessman viewed by many as
chief financier to Governor, who also sat in the panel was yet to record a statement
by the time we went to press,
“Investigators
have recorded detailed statements from virtually all of them. Only two members
of the panel are yet to record their versions of what took place”, the source
said adding that the entire account looks like a circus.
Investigators are trying to
unravel how Wasanga presided over the interview panel as Chairman and ended up
slotting himself as the successful candidate.
EACC is looking
at the whole process of employment from the application,
shortlisting,
interviews,vetting to appointment of the substantive County Secretary.
The
most intriguing aspect is that Dr Wasanga interviewed his competitors, some
viewed as better qualified than him. Questions are being raised as to why the Makueni Public Service
Board did not do its job independently..
The employment of Wasanga
got into trouble when two residents from
Makueni brought a sworn petition to the Makueni Assembly opposing his
appointment as the county secretary.
They cited his tenure at
the Kenya National Examination Council where the yet unresolved bribery saga
nicknamed Chicken Gate was hatched under his watch.
EACC is
also keen to establish the authenticity of a certificate of clearance from the
EACC that Dr Wasanga may have presented to prove that he had no baggage carried
over from KNEC.
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