Alcohol manufacturer, London Distillers Kenya (LDK) has lost the bid challenging construction of 688 residential housing units in Athi River, Machakos County, after the National Environment Tribunal dismissed the appeal they lodged.
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.
The distiller, also 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.
Reasons for case dismissal
The tribunal however dismissed the firm after it failed to demonstrate the effects of its industrial emissions to human health. The tribunal also 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.Other members are Christine Kipsang, Bahati Mwamuye, Waithaka Ngaruiya and Kariuki Muigua.
“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.
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.
Great Wall Gardens Housing Phase 3
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.
The million Kenyan shilling project is set to span 31,720 square meters and intended for selling purposes. Great Wall Gardens Housing Phase 3 will comprise of 288 units of self-contained 3 bed-roomed apartments housed in six blocks containing 48 units each on Six floors with common car parking bays.
Each apartment is fitted with modern, stylish fittings, creating an environment of pleasant lifestyle with an exceptional appealing invitation to stay as a home owner or for tenancy investment purpose.
