The Machakos government on Monday reconnected sewer trunks that were disconnected by the Export Processing Zone Authority in Athi River.
Led by Water executive Naomi Mutie, the Mavoko Water Company staff reconnected sewer trunks from Kapa Oil Refineries Limited (which runs from KAPA to Athi River), Paradise Park and Karibu Homes.
Mutie accused the EPZA of human rights violations. She said they had issued a one-week notice to the authority to reconnect the sewer line, but it failed to comply.
“EPZA has been disconnecting our customers from the trunk sewer without any lawful cause,” Mutie said.
EPZA disconnected five trunk sewers of various industries from its main sewer.
The CEC said the majority of all customers whose sewers were disconnected discharge raw waste, which is very toxic to the environment.
“We couldn’t contain them any more, they refused to allow the companies to reconnect their sewers so I had to come and supervise the reconnection,” she said.
Mutie said the sewer system is a devolved function, which is under the management of the county government and not the EPZA.
She said she wrote to EPZA on October 15 this year asking them to reconnect the trunk sewers of Alpha Rama Tanners and Apex Steel companies that EPZA had disconnected for alleged pollution.
The letter seen by the Star was signed by the subcounty administrator, Mavoko Water and Sewerage Company, EPZA and the two firms.
“You have without adequate notice and reasonable cause disconnected Alpha Rama Tanners and Apex Steel leaving them with no option other than to discharge highly toxic industrial waste into River Athi,” the letter read.
It said the action was unlawful and it violated the rights of Machakos residents, especially those living within Athi River basin ecosystem.
This comes barely a month after the processing zone warned industries connected to its main sewer line that they would be disconnected if they pollute the environment.
MAVWASCO managing director Michael Mang’eli told the Star that EPZA has no right to claim ownership of the sewer line since it was constructed by the national government and the World bank before they handed it over to them.
Mang’eli said disconnecting the sewer line interrupted operations to clean up the river.
However, EPZA Board chairman Paul Gicheru responded to the claims terming them “pure politics”.
He said some cartels and individuals have been benefiting from the sewer by collecting money from some industries and failing to submit cash to EPZA as the lawful owner of the sewer line and water system.
“You know politics and the law are two different things. We either obey the law or there is no country or people,” Gicheru said.
He said EPZA disconnected the trunk sewers following a court ruling. The MD said they will continue disconnecting the trunk sewers until the proper channel is followed.
“Anybody discharging into our system must meet requirements as per the law. We cannot allow those connected to our sewer lines to continue tainting our name,” Gicheru said.
He said the authority will issue a notice to companies that have reconnected to the sewer line for violating the law. “We will disconnect any company that pollutes to the environment,” he said.
Gicheru said last month, the court ruled in their favour by giving the processing zone full ownership of water and the sewerage line in Mavoko subcounty.
Eight companies had filed a suit against the authority, Mavoko water and Sewerage Company and the Tana Athi Water Services.
The companies are Kapa oil refineries Ltd, Nation Media Group Ltd, Sanpac Africa Ltd, Allpack industries Ltd, Orbit chemicals Ltd, Mabati Rolling mills Ltd, Doshi Enterprises Ltd and Decent Developers Ltd.
They went to court on February 16, 2010 after the processing zone barred them from discharging their sewer line from Kapa to the EPZA main sewer unless they paid a certain amount of money.
The companies argued that MAVWASCO and Tana Athi Water Services were the only institutions mandated to operate the sewerage system in Mavoko municipality.
They also said that the disputes between the two water agencies were going to jeopardise their operations and sort a declaration of which institution is entitled to receive charges, fees or otherwise.
On October 4 judge O A Angote of Machakos court ruled that the companies had an obligation to abide by the agreement they entered into with EPZA.
The ruling indicated that the companies should agree and negotiate with the EPZA on the discharge of their effluent in EPZA main sewer line and treatment plant.
