Court. [Photo/File
Chief Justice David Maraga has been asked to constitute a bench to hear the case by the Abagusii, Kuria, Ogiek and Luo councils of elders against the construction of the Sh34 billion Itare Dam.
The elders want the construction of the dam stopped until a case they filed in the Land and Environment Court in Nakuru court is heard and determined.
Judge Dalmas Ohungo said the court considered the application by the elders’ representatives to have the matter transferred to Nairobi.
“The court has considered the issues raised by the parties and therefore, the file will be placed before the Chief Justice David Maraga to form a bench to hear the matter,” said Uhongo.
He added that a single judge could have heard the matter as by the law, but public participation matters because the petition raises queries of law that affect the counties.
He said public participation was not considered by the respondents.