The association of Kiboko Water Resource Users has moved to court seeking orders stopping Kenya Pipeline Company limited (KPC) from pumping petroleum products through Line V Oil Pipeline over leakage.
The group also wants KPC to file in court a copy of the project report detailing the capacity and scope of the project for construction of line V oil pipeline including environment impact Assessment report submitted by the KPC in this application for a construction license.
Through lawyer Apollo Mboya, the association wants the court to order KPC to cease pumping, transmitting and transporting petroleum products or any form of hydrocarbons through the said pipeline pending hearing and determination of the petition.
The users argue that the oil leakage and spillage at Kiboko Area, Makueni county which has been continuing for a very long time without a detection system, has polluted and continues to pollute the soil, the surface and the underground water comprising among others aquifers and springs flowing into Kiboko river and the Athi River.
The association states that KPC has omitted, failed and refused to construct KM 304 line V oil pipeline in accordance to the documents submitted in the application for construction permit including the environment Impact Assessment (EIA) report which indicated that NEMA, Water Resources Authority (WRA) and Energy and Petroleum Regulatory Authority (EPRA) was to install a fibre optic cable digital pipeline leak detection system for real time monitoring.
According to the documents, the oil leakage and spillage site is a catchment area with porous volcanic formation, high water table and the source of water serving the residents and ecosystem as it drains into Athi River.
They further argue that the oil leakage and spillages poses serious environmental and health risks to the residents of the affected areas who have been left destitute on account of lack of alternative water sources for domestic use and irrigation thereby rendering the affected and surrounding areas unsafe for human habitation.
The lawyer told the court that there was also a recent intrusion of the same pipeline near Mlolongo town on the border of Nairobi County and Machakos county.
The group also wants KPC to supply Hydrological Report assessment report detailing the underground spread extent and any possible movement of the pollutants, consequences of oil leak and spillage at Kiboko Area, Makueni County, Samburu area, Kwale county and intrusion at Mlolongo town on the border of Nairobi County and Machakos County.
They are also want KPC to supply a copy of Environment Impact Assessment License No. NEMA/EIA/PSL/556 dated 12th September 2014, issued to KPC by the National Environment Management Authority (NEMA).
In addition, the association is seeking the acceptance letter of the condition by NEMA dated 28th July 2014 and all the reports and plans filed with NEMA pursuant to the restoration order dated 16th May 2019.
They added that NEMA issued a Restoration Order dated 16th May 2019 directed KPC while expressing concern on the integrity and safety of the pipeline which is barely one year old since its commissioning, after another petroleum oil product leakage and spillage was detected on 31st March 2019 at KM 40.5 on the same pipeline in Samburu Area, Kwale They association argue that Kenya Pipeline Company has omitted, failed and refused to construct KM 304 line V oil pipeline in accordance to the documents submitted in the application for construction permit including the environment Impact Assessment (EIA) report which indicated that NEMA, Water Resources Authority (WRA) and Energy and Petroleum Regulatory Authority (EPRA) was to install a fibre optic cable digital pipeline leak detection system for real time monitoring.
