KISUMU 18TH JANUARY 2018: A court case seeking to challenge the planned relocation of Kachok dumpsite to Kajulu in Kisumu East constituency has been prematurely closed after one of the petitioners Fredrick Nyesa withdrawn from the case.
Reading the verdict this morning at the Environment and Lands court, Judge SM Kibunja told both the petitioners and respondents that the case cannot be heard and dispensed with following the new developments.
"That the notice to withdraw having been received on 9th January and entered on the same day by the DR (Deputy Registrar) there is no petition pending before this court. And for avoidance of doubt this court makes note that the petition filed and dated 15th of December has been withdrawn in accordance with the notice dated 9 TH January.
The Judge also vacated the earlier interim orders stopping the County Government of Kisumu from moving the dumpsite to Kajulu.
Following this verdict unless a fresh petition is filed , the county government of Kisumu has all the clearance to proceed with the plans to relocate the dumpsite.
On December 15th last year, two residents of Kajulu Fredrick Nyesa and Rose Nyanjom moved to court to stop the exercise citing safety concerns and lack of public participation.