Senator Johnstone Muthama wants a dam intended to ease water shortage in Kitui be re-chanelled to supply water to the local Machakos County first before being directed elsewhere.
Through his lawyer Dr John Khaminwa, the senator is seeking an order compelling the government and the Tanathi Water Services Board to ensure that the water harvested from Masinga Dam within Machakos County benefit the people of Masinga and Machakos first before being distributed to other neighbouring counties.
â€œThe senator has said that the people of Machakos County are being sidelined in provision of water services and more specifically sanitation project that commenced in 2012,â€ Dr Khaminwa said.
His argument is that Masinga Dam is within Machakos County and should benefit the locals to their full satisfaction before the remainder is distributed to the people of Kitui County.
Mr Muthama said it is a motive by well-connected politicians to deprive the people of Machakos their own natural resources and therefore an act of discrimination.
He gave the court a brief history of the project saying that Phase 1 had been completed in 1999 with a total production of 9000 cubic metres per day.
Masinga sub-county takes the lionâ€™s share of the water to a tune of 3000 cubic metres per day. The rest, 6000 cubic metres, is left for distribution among the rest of Machakos and Kitui counties.
The senator said currently the Masinga-Kitui water project serves over 200,000 people through 3,443 metre connections.
The government had earlier sued the senator over remarks he made in a rally objecting the ongoing works on the dam.
Ms Callen Masaka for the Attorney General told the court that the Machakos Senator had assembled his supporters and area leaders and assigns to disrupt the continuing works on the water project as well as demolishing the laid down structures and pipes.
Ms Jane Sein, the service provider Manager at Tanathi said that comparing the water providers in Kitui and Machakos, the latter has six water projects while Kitui has four. â€œMost parts of Machakos have water.â€