Justice Charles Mbogo rejected a recusal request in a high-profile land dispute between Edermann Property Limited and London Distillers Kenya (LDK), dismissing claims of judicial bias over environmental contamination allegations.
The case involves pollution from LDK's operations near a multi-billion shilling housing project in Athi River, Machakos County. Edermann's managing director, Zeyun Yang, argued the judge was prejudiced after a conservatory order against LDK was overturned in January 2021, citing alleged pollution and industrial emissions.
Yang also claimed to have overheard LDK's legal team discussing contact with Justice Oscar Angote of the Machakos Environment and Land Court to influence the case. Mbogo dismissed the motion, stating Edermann failed to provide evidence of prejudice or bias.
The judge condemned the developer's allegations, calling them unsubstantiated and damaging to judicial integrity. A 2020 petition to the Judicial Service Commission (JSC) over potential ethical violations was deemed insufficient grounds for recusal.
A 2013 photograph in the record shows Edermann's managing director presenting a housing project plan to a government official, highlighting the developer's long-standing involvement in the region.
