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.


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