The Environment Tribunal is continuing proceedings against London Distillers Kenya Limited (LDK) over its legal challenge to the Greatwall Gardens housing project in Athi River. LDK seeks to overturn the Environmental Impact Assessment (EIA) license granted to Erdemann Property Limited (EPL) for the development.
LDK’s legal team, led by Makongonya Tiego, requested an adjournment during Thursday’s hearing, arguing they needed more time to consolidate their case with a separate matter before the Environment and Land Court (ELC). The tribunal denied the request, citing no existing orders halting proceedings.
EPL’s counsel, Tom Ojienda, emphasized that the developer had already incurred over Sh1 billion in losses after the tribunal halted construction of its third phase. He noted that EPL’s project aligns with President Uhuru Kenyatta’s Big 4 Agenda for affordable housing.
LDK’s witness, former National Environmental Management Authority (Nema) employee Benjamin Langwen, testified that EPL should have conducted a Strategic Environmental Assessment (SEA) for the GWG3 Project. However, EPL’s defense witness countered that SEA requirements apply only to high-magnitude developments, not residential projects under the Environmental Management and Coordination Act (EMCA) of 2015.
The case is set to resume on July 30, 2020, when EPL will present its defense witnesses. LDK has also accused EPL of misrepresenting land use, claiming the project occupies an industrial zone despite local authority approvals.
