Edermann Properties want court to lift ban on multi-billion Athi River project
A decision by the Environmental Tribunal to stop real estate firm Edermann Limited from going on with construction in Athi River has been challenged in court.
In papers filed in court, Edermann says that the actions of the tribunal have occasioned grave prejudice to their company and amounts to a violation of their rights.
The company now wants the court to suspend the order dated September 6 issued by the tribunal against them that led to halting of construction of their multi-billion phase 3 project.
“ The impugned actions and decisions have resulted in the halting of their construction of Great Wall Garden Estate Phase 3, a remarkable investments accelerating access to affordable quality housing. The current development is a continuation of their noble purple of providing low cost shelter to Kenyans which is also in line with the Government Big Four Agenda on affordable housing,” reads court papers.
According to the company, they are bound to lose Ksh.140 million in two weeks should the order not be suspended.
Zeyun Yang, the Director of the Edermann Properties, claims that the said parcel of land in Athi River is theirs and they are in the process of building the third phase which will comprise of 576 units saying that phase 1 and 2 have been sold and occupied.
In terms of employment, they say that over 2000 employees now run the risk of losing their jobs and further exposes it to a myriad of legal claims from its investors who have now withdrawn and are demanding a refund of their deposits, their construction therein having been off plan.
The company has also challenged the composition of the tribunal saying that the tenure of the current members of the tribunal appointed under the Gazette Notice dated October 28 expired on October 21 and they don’t have the quorum to conduct hearing including NET Appeal No 21 of 2019.
Meanwhile, a Machakos Court on October 28 ordered to take samples from London Distillers Ltd for testing.
Justice Oscar Angote directed that all parties in the case and their respective experts to meet at LDK premises with a view of taking the samples in the treatment plant at the premises.