London Distillers loses bid to block construction of 688 houses
A section of a multi-million housing project being undertaken by Edermann in Athi River, Machakos County, whose construction was stopped by a tribunal after a dispute between the developer and London Distillers Kenya.
What you need to know:
- The distiller wanted the tribunal to stop the Sh3.2 billion project, known as Great Wall Gardens Housing Phase 3, being undertaken by Erdemann Property Limited.
- The distiller said Nema had disregarded its objections and there was no consultation with the project affected persons.
The National Environment Tribunal has dismissed an appeal lodged by alcohol manufacturer London Distillers Kenya (LDK) challenging construction of 688 residential housing units in Athi River, Machakos County.
The distiller wanted the tribunal to stop the Sh3.2 billion project, known as Great Wall Gardens Housing Phase 3, being undertaken by Erdemann Property Limited.
The firm claimed that considering the houses were barely 20 meters from its alcohol distilling plant, there was potential of future conflicts between it and occupants of the housing units due to industrial emissions.
But the tribunal found that the alcohol distiller failed to demonstrate the effects of its industrial emissions to human health.
Residential houses
“As it is, we do not have evidence of the legally permissible emission levels from the appellant’s distillery and whether such emissions have negative effects on human health,” ruled the five-member tribunal chaired by Mr Mohammed Balala. Other members are Christine Kipsang, Bahati Mwamuye, Waithaka Ngaruiya and Kariuki Muigua.
However, the tribunal questioned the mixed use of land in one area where different persons and entities such as industries have different uses for their properties, all of which have been granted by the relevant government agencies.
The distiller, in its opposition to the construction of residential houses indicated that it was concerned the housing project kicked off without a comprehensive baseline ambient air quality study in respect of the emissions by its distillery and other neighbouring industries.
Housing project
The distiller also opposed the housing project on grounds that the site does not have a sewer line.
On this question, NEMA produced a report by its County Director of Environment in Machakos confirming that indeed there was no sewer line.
NEMA explained that Erdemann Property Limited had extended a private sewer and connected it to the Mavoko Water Services Company (Mavwasco) sewerline and evidence was produced showing that it had indeed paid for that connection to the said sewer line.
Further, the Appellant stated that two of its boreholes had dried up since residents took up occupancy of the Great Wall Gardens Housing Phase 2. However, the tribunal noted that no evidence was presented to prove the allegation.
The distiller said Nema had disregarded its objections and there was no consultation with the project affected persons. The tribunal heard that the land in the area had been set aside for industrial development but it had since been converted to mixed-use including for residential plots.