Leaders walk a tightrope over water tunnel

Murang’a leaders are in a dilemma over how to handle the controversy surrounding the Northern Water Tunnel project.

They are trying to balance the public mood, which is largely against the project, and avoiding being seen to be supporting Cord leader Raila Odinga, who raised the matter first last week on Monday.

This comes as county leaders hold a crisis meeting with Water Cabinet Secretary Eugene Wamalwa today in Nairobi to address the storm created after Mr Odinga labelled the project a “tunnel of death” that he said would turn various counties into deserts.

Sources indicate the leaders will demand to be told how Murang’a residents will benefit from the project that is meant to boost water supply to Nairobi. 

At the same time, Tana River Governor Hussein Dado said he will be sending a delegation on a fact-finding mission to Murang’a to ascertain the potential risk the project would have on residents.

Mr Odinga claimed that Tana River is one of the counties that will be affected. And speaking at a public rally in Tana North Sub-County on Friday, former Garsen MP Danson Mungatana urged Mr Wamalwa to properly explain the impact of the project to allay public fears. 

But Tana River elders have called for the immediate suspension of the project and asked the national government to enlighten the people on what the project means for them.

COMMITTEE'S FINDING

Murang’a Senator Kembi Gitura has strongly opposed the project and called for an audit.

The Senate deputy Speaker said the findings of a team picked by the Murang’a County committee opposing the construction should not be ignored.

The project has been a subject of several meetings between Murang’a leaders and the Athi Water Services Board. The battle for the project has also been fought in the courts.

The Sh6.8 billion project is designed to draw flood flows from Irati, Gikigie and Maragua rivers in Murang’a County and channel them through an 11-kilometre tunnel to Ndaka-ini Dam, the source of Nairobi’s water.

The minister will hold talks with Murang’a Governor Mwangi wa Iria, MPs, the county commissioner and members of the local administration.

Kigumo MP Jamleck Kamau, in whose constituency the tunnel passes, said residents must benefit from the mega project.

“The project team must ensure that the water projects lined up for the host communities are completed in time before abstraction for the city residents' needs.

"Land is an emotive issue in Central Kenya. Those families with parcels of land lying on the tunnel corridor should be adequately compensated.

"I do hope my position advances the doctrine of natural justice, sustainable development and mitigation against water conflicts espoused by the late Prof Wangari Mathai, a Nobel Prize Winner,” he said.

Murang’a County Assembly Majority Leader Peter Kihungi, who supports the project, urged leaders to be pragmatic.

“We must accept that Nairobi will get water from Murang’a, once we agree on that we can therefore work out any pending issues. The President made commitments not only to Murang’a people but also to Nairobi people, and we must learn to balance the two,” he said

RED FLAGS

The report by the Technical Committee commissioned by Murang’a leaders on the Northern Collector Tunnel Project raised some red flags.

The committee found that the tunnel is likely to have a serious effect on the aquifers lying between the Irati, Gikigie and Maragua rivers and Ndaka-ini Dam.

“This will have serious environmental and other effects on the said rivers and more so on the people living downstream and who depend on the rivers,” Senator Gitura said of the report.

The report also found that the water supply master plan has completely overlooked the water needs of Murang’a County residents and other permitted users and that the continuing northwards encroachment of rivers in Murang’a for water supply to Nairobi is not sustainable.

“The Murang’a County Government petitions NEMA (National Environment Management Authority) for review of EIA (Environmental Impact Assessment) licence owing to many pertinent issues still unresolved and flaws in the consultation process.”

The committee proposed that the Athi Water Services Board and the Murang'a County government establish a technical committee to oversee the re-design, implementation of mitigation measures, baseline monitoring during implementation and operations of the tunnel and community water project.

After the report was delivered, another committee was formed, with members representing both the county government and Athi Water Services Board whose findings were endorsed early this year. The joint technical report signed on January 16, 2016 recommended that:

“The Murang’a County Government and Athi Water Service will cooperate in the construction of Maragua and other multipurpose dams by the year 2025. The dam will incorporate, among others, irrigation use of Murang’a County, hydro-power generation for Murang’a County (if viable), water supply to Nairobi and Murang’a County.”

The county will also benefit from the provision of internship positions at the project site, and the upgrading and equipping of dispensaries. The board will also develop a water master plan for the county.

It was further agreed that county officials will work closely with the board to ensure that all agreed points are adhered to.

The Murang’a County Assembly had also weighed in and in a committee report recommended that 40 per cent of the treated water be supplied to the people of Murang’a.

The MCAs had also recommended that:

“The current proposal to abstract 140,000 cubic meters of water is unsustainable in view of the demand for water downstream. The Committee therefore recommends that the abstracted water should therefore be reduced by 50 per cent in order to safeguard the environment.”

The committee recommended that the county have unlimited access to the tunnel to undertake environmental impact assessment surveys, environmental audits and other hydrological surveys.

BENEFIT RESIDENTS

The committee recommends that all water schemes intended to be implemented by the Northern Water Collector Tunnel should be in tandem with the County Water Master Plan.

“In view of the above, the Committee recommends that the implementation of the whole project be suspended until all matters raised in this report are fully addressed and complied with,” they concluded.

The National Environmental Tribunal and the High Court had both pronounced themselves on the matter even before national leaders had made their views known.

The tribunal heard the case after one Joseph Kuria Mwangi petitioned it on the viability of the project.

Mr Mwangi had moved to the tribunal on March 27, 2015 seeking to have the project suspended for not following the laid-down procedures.

Athi Water Services, in a case before Justice George Odunga, submitted that Mr Kuria had never objected to the issuing of the Nema licence to the applicants as provided for in law

They argued that the tribunal had no jurisdiction over the matter since the Nema licence had already been issued and therefore the issue could only be decided by a court.

At the High Court, Athi Water said it would incur huge daily contractual costs if the project is suspended. The judge found that the tribunal lacked jurisdiction to entertain the appeal and threw it out.