High Court Suspends Joho’s Directive Allowing Fishing in Lake Nakuru

NAKURU, Kenya, Oct 23 – The High Court in Nakuru has temporarily suspended a directive by Mining, Blue Economy and Maritime Affairs Cabinet Secretary Hassan Joho allowing fishermen to resume fishing in Lake Nakuru National Park.

Justice Abdi Hassan issued the orders after the Consumer Federation of Kenya (COFEK) moved to court, warning that fish harvested from the lake could contain dangerous levels of heavy metals and pose a risk to consumers.

The court barred the Interior Cabinet Secretary, the Kenya Wildlife Service (KWS), the Kenya Fisheries Service and the National Police Service from implementing or enforcing Joho’s directive pending the hearing and determination of the case.

The orders come a week after Joho issued the directive on October 16 during an economic empowerment forum hosted by Nakuru Governor Susan Kihika at the Agricultural Society of Kenya Showground in Nakuru.

The CS had instructed police to allow fishermen to catch fish from the lake, which lies within a national park and wildlife sanctuary.

In its application, which was certified urgent, COFEK raised concerns over the safety of fish from the lake, citing scientific studies that it says detected elevated levels of heavy metals, including lead and arsenic.

The federation argued that fishing should not resume without fresh scientific tests establishing that the fish are safe for human consumption.

It accused Joho of issuing the directive without presenting scientific findings or regulatory clearance confirming that fish harvested from the lake were safe to eat.

“The research reports on fish in Lake Nakuru raise questions about their suitability for human consumption,” the federation argued in its petition.

It warned that consuming contaminated fish could expose people to serious health complications, including damage to the nervous system and kidneys, impaired child development and cardiovascular problems.

Justice Hassan further ordered that the Interior Cabinet Secretary, the KWS Director General, the head of the Kenya Fisheries Service and the National Police Service, including their officers, agents and representatives, must not implement, facilitate or otherwise give effect to Joho’s directive.

The orders are intended to preserve the status quo as the court considers the federation’s concerns over the safety of fish from the lake.

COFEK has named the Cabinet Secretaries responsible for Mining, Health and Interior, the KWS Director General, the head of the Kenya Fisheries Service, the Inspector General of Police and the Attorney General as respondents in the case.

The federation is seeking judicial intervention over the proposed resumption of fishing, arguing that public health concerns must be addressed before fishing activities are allowed to proceed.

The court’s orders are temporary, pending the hearing and determination of the matter. The allegations concerning contamination and the safety of fish from Lake Nakuru remain issues to be considered in the proceedings.