The National Environmental Tribunal has become the focal point in a dispute over the future of a Sh3.2 billion housing development in Athi River, Machakos County, following a legal challenge by London Distillers Kenya Limited (LDK).
LDK is contesting the Environmental Impact Assessment (EIA) license issued to Erdemann Property Limited (EPL) for the GreatWall Gardens Phase 3A project, arguing that a Strategic Environmental Assessment (SEA) should have been conducted. The company’s lawyer, Makongonya Tiego, requested a postponement during a hearing on Thursday, citing procedural concerns.
"The industry has filed an application with Judge Angote of ELC Machakos to consolidate this matter with a separate case before the same judge," Tiego stated. EPL’s legal team, led by Tom Ojienda, opposed the move, asserting that no court orders had halted proceedings at the tribunal.
EPL’s lawyer highlighted that the developer had incurred over Ksh1 billion in losses after the tribunal halted Phase 3 construction. The company’s managing director, Zeyun Yang, criticized LDK for allegedly discharging wastewater into the project site, claiming the distiller had ignored environmental guidelines.
During the hearing, former NEMA employee Benjamin Langwen testified that EPL should have conducted an SEA for the residential project. However, a NEMA witness countered that SEA requirements apply only to high-impact developments, not standard housing projects under Kenya’s Environmental Management and Coordination Act of 2015.
The case is scheduled to resume on July 30, 2020, with EPL set to present its defense. Residents have previously alleged that LDK’s operations caused health issues through toxic wastewater discharge, though EPL maintains the housing estate was approved by local authorities after the distillery’s establishment.
