The Office of the Director of Public Prosecutions (ODPP) has responded following pressure mounted on authorities to take action on those responsible for the illegal dumping of wastes and disruption of the sewer system at the Kenya Power and Lighting Company (KPLC) headquarters in Nairobi.
The move by the Nairobi City County Government to dump the waste came following a pending bill dispute between KPLC and the county.
Deputy Director of Public Prosecutions (DPP) Jacinta Nyamosi in a letter to the Director of Criminal Investigations dated Wednesday, February 26 ordered an investigation into the actions.
According to her, the occurrence has caused apprehension among the public and is, therefore, a matter of legitimate public interest.
“Left unchecked the issue may snowball into a serious health hazard that might have multiple repercussions not only to the area of concern but the capital as a whole,” she said.
“It is, therefore, prudent that investigations are commenced into the genesis of this matter for a viable solution to be achieved.”
ODPP issues directive to DCI
Further, DCI has been directed to liaise with all relevant stakeholders in the public health, environment and water and sanitation in respect to the alleged matter and submit the resultant inquiry file within seven days upon receipt of the letter.
The move by ODPP came hours after National Assembly Speaker Moses Wetang’ula on Wednesday ordered the summoning of the Inspector General of Police Douglas Kanja to shed light on the dumping of garbage outside Stima Plaza on Monday.
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Speaker Wetang’ula directed Parliamentary Committee Chairperson Gabriel Koshal Tongoyo to summon IG Kanja after Members of Parliament condemned the actions by the Nairobi County Government, terming them as “criminality and abuse of the law”.
The Speaker faulted the police boss for remaining coy on the issue, warning that if not addressed, it would reduce the country to a “wild-waste and publicized criminal behaviour” where goons can be allowed to act outside the law.
“Ole Tongoyo, we shall not allow this country to be reduced to a wild-waste behavior where you disagree with somebody and you send goons and hooligans to go and sort out your mess. That is not Kenya, and you must stop it,” said Wetangula.
“I direct you to summon the IG to find out why no action has been taken against this publicized criminal behaviour by the City Government of Nairobi. There are criminal offences committed under the Environmental Law, Health Act, Pinal Code and several other acts of Parliament.”
Tongoyo in his response said Kanja would be required to appear before the House on Thursday next week, “I am well guided and we are going to have the IG summoned and appear before the Committee next week on Thursday.”
Tussle between KPLC and County government
The summon follows a push and pull by Nairobi City and KPLC, where the latter has accused the county government of failing to clear its own outstanding electricity bill of Ksh3 billion.
On the other hand, the county claims that Kenya Power has an accrued over Ksh4.8 billion in wayleave fees.
The conflict escalated after KPLC made a decision to cut electricity to Nairobi City County offices over unpaid bills.
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The county government in retaliation on Monday quickly took drastic measures, including dumping garbage at KPLC’s headquarters, blocking the sewer line, and cutting off the water supply to its buildings.
However, the two parties agreed to end their long-running dispute following a high-level meeting convened by Head of Public Service Felix Koskei.The meeting convened on Wednesday, which brought together Nairobi Governor Johnson Sakaja and Energy Cabinet Secretary (CS) Opiyo Wandayi, sought to settle commercial disputes between the two entities, emanating from billions of shillings in unpaid wayleave fees owed to the County by Kenya Power.
Governor Sakaja while speaking to the press outside City Hall, explained how the situation unfolded and led to a tense relationship between the two entities.
Sakaja detailed that both parties agreed to end their wrangles and resolve the situation amicably. He noted that the county officials would restore the water supply and remove the trucks.
Regarding the unpaid electricity bills and wayleave fees, the governor explained that the matter would be resolved separately between his office and CS Opiyo Wandayi.
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