High Court dismisses application to stop Uhuru Kenyatta’s free laptop project

By Edwin Cheserek

ELDORET, KENYA: The High Court has dismissed an application by a lobby group seeking to stop the implementation of the Government's free laptop project in public primary schools.

Justice Silas Munyao sitting at the Eldoret Environment and Land Division court said Green Hand Organisation had not demonstrated that the government has already embarked on the programme or it will be implemented immediately.

“In any event, the laptops even if supplied forthwith will be used for duration of time before they become waste. I am not persuaded that this is a fit case in which to issue an order of stay pending the hearing and determination of the motion, “he stated.

The applicant had moved to court on May 23 seeking prohibitory order restraining the government against procuring, importing, assembling or issuance of laptops until the issues they raised in the application are dealt with adequately and substantively.

Through lawyer Hillary Rutto, the organization had asked the court to stop the procurement of the gadgets arguing that if the programme is implemented, the right to clean and healthy environment would be deprived.

He wanted the court to issue an order compelling the government to produce a detailed, comprehensive and adequate Environmental Impact Assessment (EIA) report stating the likely health risks posed by the implementation of the project.

Mr Rutto submitted that the average number of class one pupils joining public schools in every preceding year is approximately 700,000 to 1 million translating to an influx of the same number of laptops.

“Issuance of laptops will open floodgates of electronic wastes which will render management of such wastes difficult notwithstanding the failed waste management system in the country,” Rutto argued.

He alleged that the waste management lead agencies have failed to devise measures that seek to reduce electronic wastes putting the country at risk of being a dumping ground for the wastes from other nations.

Components used to manufacture such laptops, he alleged, contain large amounts of hazardous and toxic substances that poses serious negative health consequences such as depletion of the ozone layer thus fueling global warming.

“The immediate implementation of the policy will not only be unfair and unreasonable but will be against the legitimate expectations of the future and present generations to live in clean and safe environment, “the lawyer argued.

In his ruling, Justice Munyao however granted the organisation leave to commence judicial review proceedings concerning the matter and file a substantive motion within 21 days.

"If the same is not filed within the said period, the leave granted herein shall automatically lapse," he said.