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Machakos Senator, Johnston Muthama and his lawyer John Khaminwa leaving Milimani Law Court after the hearing of a case where he has sued Machakos County government over supply of water to Kitui county.


The dispute over the ambitious Sh2.5billion water project pitting residents of two counties in Lower Eastern failed to kick off today after the warring parties disagreed on the mode of resolving the matter.
Machakos Senator Johnston Muthama has already pronounced he is willing for arbitration to thrash out the contentious issues raised by the residents of Machakos and Kitui residents. Thecase was initially filed by Muthama as a civil case.
The dispute took a twist when the matter was mentioned before the Deputy Registrar of the High Court. .W. Nyambu, and the parties failed to mutually agree on whether to frame the contentious issues for determination.
Nyambu was compelled to pull out of the case and directed that the file be placed before High Courtt Judge George Odunga to give further directions. Subsequently, Justice Odunga told the parties to appear before the presiding Judge of the Judicial Review division, Justice Weldon Korir on May 2 for further directions..
However, the court was told that the contract is 75 percent complete and the people of machakos are complaining over the supply of water to their county.
The senator moved to court to oppose a sh 2.5 billion water project to Kitui county.
Mr. Muthama sued the board and enjoined the Kitui County government as respondents, accusing them of pumping water from the Masinga Dam to Kitui while “denying” Machakos residents the benefit yet they should have been the immediate beneficiaries.
“We do not seem to be making any progress…we need an urgent decision; a binding order or a ruling by a judge as the project has now stalled and expenses are accumulating, the people of Machakos are still suffering from perennial water shortages,” said lawyer John Khaminwa.
According to him, Mr. Muthama’s interest in the matter is from a leader’s point of view and if the matter is not sorted out quickly some individuals may take the law into their own hands.
Dr Khaminwa said the situation amounts to unjust enrichment, unfair treatment and lack of equity.
A lawyer representing the board said the claims that the residents of Machakos are being denied water were untrue as it will come out during the proceedings.
Judge Odunga directed the matter be placed before Korir on May 2 for further orders and direction.


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