Governor Susan Kihika Ordered To Pay Ksh2M Fine Or Serve Jail Term

Governor Kihika was handed the sentence on Tuesday, February 18 alongside Nakuru Water and Sanitation Services Company (NAWASCO) Managing Director James Ng’ang’a.

Governor Susan Kihika Ordered To Pay Ksh2M Fine Or Serve Jail Term
Nakuru Governor Susan Kihika during a past address. /SUSAN KIHIKA

The High Court has ordered Nakuru Governor Susan Kihika to serve a six-month civil jail term or pay a fine of Ksh2 million.

Governor Kihika was handed the sentence on Tuesday, February 18 alongside Nakuru Water and Sanitation Services Company (NAWASCO) Managing Director James Ng’ang’a. The two were found guilty of contempt for illegally disposing of waste into Lake Nakuru.

The ruling follows a lawsuit filed at the Environment and Lands Court, in which Baboon Project Kenya accused Kihika and Ng’ang’a of disregarding a September 26, 2024, order that permanently prohibited further waste disposal into the lake.

The court order aimed to prevent ongoing pollution in Lake Nakuru, but the NGO asserts that waste dumping continued, harming the ecosystem.

Aerial view of Lake Nakuru. /WIKIPEDIA

“Susan Kihika being the Governor, officer, agent or servant of 1st respondent (County Government of Nakuru) be committed to prison for a term not exceeding 6 months for failing to comply with the order of this court made on 26th September 2024,” read the application in part.

Simon Mbuthia Gichohi, Director of Baboon Project Kenya, stated that although the county government and the water company are aware of the order, they have deliberately failed to comply.

“They have continued to dispose of refuse, toxic chemicals, and industrial wastes into Lake Nakuru Basin,” the suit read further.

Gichohi emphasized that the government's actions are causing significant harm to both wildlife and the environment. He alleged that the illegal dumping of industrial waste into the lake is severely deteriorating Lake Nakuru National Park and putting species like baboons at risk, as they rely on its contaminated waters.

The county government, NAWASCO, and the National Environment Management Authority (NEMA) have been accused of neglecting their constitutional duty by permitting the unlawful discharge of toxic industrial waste into the lake.

The petitioners argued that the county government is violating the Wildlife Conservation and Management Act by continuing to issue licenses and title deeds to industries without assessing their environmental impact.

However, through Nakuru County Secretary Samuel Mwangi Mwaura, Governor Kihika opposed the case, asserting that she is not responsible for the operations of Nakuru Water and Sanitation Services.

“I contend that, in the circumstances of this petition, the petitioner has not and cannot prove any element of contempt against the governor of the first respondent (Nakuru County),” Mwaura stated.

Aside from this, Governor Kihika has been facing criticism over the dilapidated state of health services in the county, with residents decrying the lack of medical facilities in the hospitals, adding that the quality of services is poor.

On January 17, she broke her silence after Kenyans questioned her whereabouts, demanding an explanation for why she had been missing in action. Through Nakuru County Chief of Staff Peter Ketyenya, the vocal governor explained that her absence was due to her being on maternity leave.

Kihika stated that she decided to speak out after receiving numerous calls from concerned Kenyans asking about her absence from the public eye.

“Following numerous calls that I have received regarding my absence, as the elected Governor of Nakuru County, I want to first of all assure the people of Nakuru that I am well and currently on maternity leave,” Kihika clarified.

Those sentiments however drew the ire of Nakuru Senator Tabitha Karanja, who accused her of seeking medical services in the United States (US), stating “You are going abroad as women in the county do not have health facilities. A woman from Kuresoi South gave birth by the road. Women had to offer their clothes to cover her.”