The court has temporarily blocked Joho’s directive allowing fishing in Lake Nakuru.
Justice Abdi Hassan blocks implementation of Joho’s fishing directive as COFEK challenges fish safety and seeks fresh scientific tests.
The High Court in Nakuru has temporarily suspended a directive allowing Lake Nakuru fishing to resume. Justice Abdi Hassan issued the orders after the Consumer Federation of Kenya (COFEK) raised concerns about possible heavy metal contamination.
The ruling blocks implementation of instructions issued by Mining, Blue Economy and Maritime Affairs Cabinet Secretary Hassan Joho. It remains in force pending the hearing and determination of the case.
Court blocks Lake Nakuru fishing directive
Joho issued the directive on October 16 at an economic empowerment forum hosted by Nakuru Governor Susan Kihika. The event took place at the Agricultural Society of Kenya Showground in Nakuru.
During the forum, the Cabinet Secretary instructed police to allow fishermen to catch fish from the lake. However, the lake lies within Lake Nakuru National Park, a wildlife sanctuary.
The court barred the Interior Cabinet Secretary and the Kenya Wildlife Service Director General from giving effect to the directive. The restrictions also cover the head of the Kenya Fisheries Service and the National Police Service.
In addition, Justice Hassan extended the restrictions to their officers, agents and representatives. They must not implement, facilitate or otherwise enforce Joho’s instructions while the case proceeds.
COFEK seeks fresh safety tests
In its urgent application, COFEK cited scientific studies that it says found elevated heavy metal levels in the lake’s fish. These include lead and arsenic.
The federation therefore argued that fresh scientific tests should establish whether the fish are safe before fishing resumes. It also accused Joho of issuing his directive without presenting scientific findings or regulatory clearance confirming safety.
COFEK warned that eating contaminated fish could cause serious health problems, including nervous system and kidney damage. It also listed impaired child development and cardiovascular problems among the potential risks.
However, the court has not determined the contamination claims or whether fish from the lake are unsafe. Those questions remain part of the proceedings.
Public health concerns await determination
COFEK named the Cabinet Secretaries responsible for Mining, Health and Interior among the respondents. Its case also names the KWS Director General, fisheries service head, Inspector General of Police and Attorney General.
The federation wants the court to ensure that public health concerns receive attention before fishing resumes. Meanwhile, the temporary orders preserve the existing position as the court considers those concerns.
