S.S MALONZA & CO ADVOCATES CONTRIBUTION TOWARDS FIGHTING AND WINNING PUBLIC INTEREST LITIGATIONS AND PROTECTING THE RIGHTS OF THE CITIZENS TO A SAFE AND SECURE ENVIRONMENT
Governor’s Press Service
October 11 2018
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 Mt Kenya Wholesalers against the County Government dramatically collapsed at the High Court.
The victory means that Mrs. Ngilu has successfully protected her people from consuming contaminated foodstuff stored in conditions that contravene Public Health Act, hence risking their health. Healthcare forms the second pillar of the governor’s manifesto. She has since launched the Kitui County Health Insurance Cover-K-CHIC to underscore her commitment in the health front.
The collapse of the case was heralded by a fallout between the proprietor of the firm Mr Simon Mwangi and his advocates, forcing him to stand solo and represent himself in the final court action where he signed off a five-point consent order, effectively throwing in the towel in the protracted contest where he was challenging the closure of his stores.
Mwangi went to court ex parte with six prayers seeking to compel the Kitui Chief Officer Finance Mr. Enoch Nguthu jointly with his Health and Sanitation counterpart Dr. Richard Muthoka and the County Government of Kitui to unlock Mount Kenya Wholesalers premises that was closed down on August 3 2018 for failing to meet minimum Public Health requirements. They also sought reinstatement of their trading license.
The trader has been in court time and again seeking prayers that have been rejected one after another, depicting a desperate picture of a litigant who had been cornered together with his lawyers C.Ndegwa and D.Ndegwa, leaving no doubt that his case was on its knees.
After the fallout with his lawyers, Mwangi reached out Lawyers representing the County Government led by Mr. Simon Saili Malonza to negotiate a salvage plan of a case defined buy a streak of losses of successive applications after every court appearance.
Mr. Malonza, flanked by Mr.Davidson Makau and County Senior Counsel Marianne Matuvi were all smiles as they filed the consent order declaring that the matter be marked as withdrawn and all consequential orders discharged. Mr. Malonza signed the order on behalf of the County Government while Mwangi inked the deal personally.
The order was addressed to the Deputy Registrar of the High Court,Machakos and dated October 8, 2018.
The order also allows Mwangi to remove all his goods from the premises identified as City Gate Building along Mukuti Street within the Kitui Central Business District (CBD) area and at the store along Kilungya Street at Plot Number 610.
Further, the order requires the trader to remove all goods from the said premises and undertake not to carry on business on the same premises until and when they conform to County Regulations. It concluded that Mwangi and Mt Kenya Wholesalers have no further claims against the respective Chief Officers for Treasury and Health and the County Government of Kitui that all parties bear their own costs.
Governor’s Press Service
September 28, 2018
Ngilu’s big score as firm gets 15 day deadline to remove asbestos waste
The High Court today gave a company that dumped poisonous asbestos waste in land associated with the family of a former Chief Justice Kitili Mwendwa in Kitui County a15 day ultimatum to remove and dispose of the poisonous cargo currently quarantined at Kitui Stadium.
Justice A O Angote, sitting in Machakos, also 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.
Today’s order signifies a major victory for Kitui Governor Kaluki 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. The petition was prosecuted by Lead Counsel Mr. Simon Malonza. Mr. Malonza is assisted by lawyers Mr. Davidson Makau and Marriane Mutuvi.
The judge also slapped undisclosed costs of the removal of the waste to Sonata Ltd and directed that the company, Nema and Maluki pays 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 3rdrespondents. Incidentally, Maluki is the immediate former NEMA Chairman.
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.
The suit follows the removal of the asbestos from the site that is also claimed by the Mwendwa family on instructions by Mrs. Ngilu soon after being sworn into office.