Chaos is expected at the Nakuru Environmental Court during the hearing of a case where Nakuru Town East MP David Gikaria has been sued for allegedly dumping hazardous waste at a public place.
Gikaria has stated that he will not honor any of the court’s summonses over the alleged accusations, terming the court as "illegal and unconstitutional" and arguing it has no legal mandate to summon him.
Evidence and Context ¶
The MP was arraigned in a Nakuru court for dumping crushed bottles and boxes of liquor on undesignated public land. He has since dismissed the hearing set for September 19, claiming there will be no justice at the court situated at the county headquarters, arguing that its location is not a gazetted area.
After appearing before the court, Gikaria further accused Nakuru county governor Kinuthia Mbugua of using it to suppress critics. The MP was charged with allegedly leading members of the public in disposing of the waste on two roundabouts along Geoffrey Kamau Highway between July 11 and 16 this year.
Response and Consequences ¶
The National Environment Management Authority sued Gikaria for dumping the waste on the road. When he was brought to the court to take a plea on the charges, the MP’s lawyer Ochang Ajigo said his client could not take plea, arguing that the charge sheet was defective.
Ajigo stated, "The charge sheet is signed by one Margaret and its letterhead is from the Nakuru county government. Nema has not been devolved to the counties so that the county can have the jurisdiction to charge people." He argued that the use of a document signed by a county government staffer was discriminatory and infringed upon his client’s rights.
Prosecutor Moses Mburu said the charge sheet was stamped and signed by the public prosecution. Mburu continued to argue that Gikaria was a "bad example" to residents, adding that the charges could not be contested at that stage.
The magistrate released Gikaria on a cash bail of Sh200,000 with an alternative bond of Sh300,000. Recently, at his Nakuru county’s Bahati constituency, legislator Kimani Ngunjiri disclosed that they will march to the Environmental Court during Gikaria’s trial.
Ngunjiri added, "I have started asking for other leaders’ support on this initiative and Nakuru residents should know that it was not only Gikaria who participated in the liquor destruction but all the Nakuru county MPs except one."
