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Kidero, Ranguma face prosecution over Kisumu land


The High Court on Wednesday allowed the prosecution of two governors and a senior official in the ministry of environment over alleged encroachment into riparian lands around Lake Victoria.

This was after Kisumu land and environment judge Anthony Kaniaru rejected an application that sought to block their prosecution over what the defendants said was an improper case.

Kisumu governor Jack Ranguma, his Nairobi counterpart Evans Kidero and Dr Alice Kaudia, the environment secretary in the ministry have been sued by activist Michael Nyaguti.

The plaintiff sought a court order barring the three from building houses on parcels of land which stretches into Lake Victoria saying such works would endanger the lake’s wetland.

The activist said that Mr Ranguma owns two parcels of land in Kisumu’s Korando region while Dr Kidero owns seven in the region while Dr Kaudia owns two parcels of land at Kogony.

In the case, Mr Nyanguti, who filed the case as a pauper, wants the court to permanently stop the three public officials from building on the said plots, saying it will be detrimental to the area.

ENCROACHMENT OF WETLAND

He told the court that the officials have fenced off plots beyond their demarcated boundaries, which has in the process resulted in encroachment into the riparian Lake Victoria wetlands.

“If residential houses are built on the plots, the community members, domestic and wild animals will be denied a chance to enjoy the wetland resources,” he said in his submission to the court.

Human wastes are also likely to be disposed into the lake, which may expose the local community to possible consumption of polluted water, he added.

But in a preliminary objection Dr Kaudia said that it was improper for Mr Nyaguti to file the case at the High Court as a pauper.

Filing a suit as a pauper means that the state clears suit bills arising from the court proceedings. Dr Kaudia also argued that the activist should have brought the case by way of plaint or a petition and not a land matter.

Judge Kaniaru, whose judgment was read by new judge Stephen Kibunja, however overruled Dr Kaudia’s argument that Mr Nyanguti could not file the suit as a pauper.