Nairobi Water and Sewerage boss Nahashon Muguna has been summoned by Milimani Court over encroachment of a sewer line.
Muguna will appear in court March 20, 2019 for failure to repair the sewer line after the court directed him to do so.
The sewer line in contest is said to have been encroached by Kenelec Supplies Limited turning it into a private parking.
The outcry by resident for years have fallen on deaf years since the investor is said to have bought his way at city and blocked the sewer line.
This has resulted to sewage and dirty water overflowing and posing a health threat to local’s population.
Muguna will appear before senior resident magistrate Selina Muchungi and explain why he has not complied with a notice requiring him to repair the sewer which is endangering the lives.
He was to appear on March 13, 2019 but failed, instead he sent a representative from his office who informed the court that he Muguna was away on official duty.
The defense however objected to the intended charges against Muguna saying there were several cases similar to the case but the magistrate declined saying each case was touching on different matter.
Muguna is said to have failed to comply with a notice dated October 25, 2018 requiring him to reconnect and repair the destroyed sewer line on Langata road.
The charge sheet before court indicates that Muguna failed to comply with the notice contrary to section 115 as read with section 118 and 119 of public health act.
“On November 11, 2018, being the owner of plot on Mai Mahiu road, situated in Nairobi Area, upon where nuisance exists and having been served with a notice under section 119 of public health act, failed to abate the nuisance within such period,” intended charge sheet reads.
Muguna is accused of failing to disconnect or remove the illegal waste water pipes carrying waste and soil water from accumulating at the demolished site of sewer line.
Harun Nyamboki, an interested party in the case, had received a letter from acting deputy director public health, Wilson Langat on his plea for an urgent attention on the blocked sewer line.
In the letter dated February 25, 2019, Langat says that following complain by Nyaboki to the department on September 26, 2018, the officers were sent on the site to inspect and find the author of nuisance emanating from the plot which they established that a previous Nairobi water way leave had been blocked by an individual of a neighboring plot.
“The way leave belongs to Nairobi water, they were issued with a notice to abate the nuisance which up to date has not been complied with, the officer complained to the honorable court and summons were issued with case no 48/2019 at city court”, the letter reads.
The case will be mentioned on March 20 when Muguna is expected in court.
Affected residents have for years tried to seek help from courts and City hall in vain until Nyamboki decided to file a formal complaint at NCWSC.
Nyamboki who owns an adjoining parcel of land No 209/13557 told the court that Kenelec Supplier Limited Owned by joseph Claudio was interfering with a sewer –line serving his property.
A criminal case was instituted against Claudio after he severally blocked sewer manholes that were on his property L.R Number 209/18289 serving his and the adjoining property.
The NCWSC investigation team also visited the area on August 2, 2018 and confirmed that the manhole on L.R no 209/18289 had been clogged with concrete blocking the flow of raw sewer.
The last manhole of the sewer line has been blocked with concrete and building stones, interfering with the flow of raw sewage from houses and presenting a health risk.