The long-running court battle between the Waswa-Ayweyo community in Kisumu County and City Construction Group Company Limited, a Chinese construction firm, has reached its final stage at the Kisumu High Court’s Lands and Environment Division. The community is now demanding compensation, alleging that the company’s negligence caused devastating flooding in their area.
Represented by their lawyer, Dr. Maxwell Miyawa, the community contends that City Construction Group violated their constitutional rights by diverting the flow of River Nyalbiego during the construction of the Ahero-Isebania Road. This diversion, they claim, redirected water into the Waswa-Ayweyo area, leading to severe flooding that displaced residents, destroyed homes, and killed livestock.
Speaking to the press after Tuesday’s court session, Dr. Miyawa asserted that the case highlights gross negligence by the construction firm.
“This is a clear instance of reckless environmental violation. The community was subjected to untold suffering due to the company’s irresponsible actions,” he said.
Dr. Miyawa further alleged that the construction company blocked the river channel with earth-filled compartments, causing backflow during heavy rains. The resulting floods swept through the village, leading to loss of life, widespread illness among children, destruction of churches, and displacement of families.
“The Chinese constructors must be held accountable for their wanton disregard for human life and environmental safety,” Miyawa declared, emphasizing the community’s demand for compensation and legal accountability to prevent future negligence.
Basil Joash Jabuya Otieno, a community member and petitioner, described the catastrophic impact on residents.
“I lost a fully stocked library—something irreplaceable. This area had never experienced flooding, yet due to the artificial blockage of River Nyalbiego, our homes were washed away,” he lamented.
Joash called upon local leaders to stand firm with the community and resist any attempts at bribery by the construction company. “We must ensure justice is served and that those responsible are held to account,” he urged.
The case was adjourned until March 20, 2025, when the court will summon three key witnesses who failed to appear at the latest hearing. The Waswa-Ayweyo community remains steadfast in their pursuit of justice, as the legal battle nears its critical conclusion.
