Developer wants judge to recuse himself in LDK case

Erdermann Properties Limited now wants Machakos lands and Environment Court judge Oscar Angote to recuse himself in a case involving London Distillers limited.

The developer through lawyer Nancy Muiruri on Thursday made oral submissions to the judge to recuse himself from hearing the case, an issue that was met with opposition by the plaintiff's lawyers.

Erdermann through the Head of planning assistant John Rajwayi argued that Justice Angote had made continuous favorable rulings to LDK ‘without considering facts’.

"In October, the judge had made four favorable court orders to London Distillers in a period of one month and there were no hearings. He didn't look for facts in the matter concerning on who is polluting into the environment between the two companies", he said.

He also said London Distillers activities were hampering their project of The Great wall Phase 3 by emitting harmful effluent around the Erdermann projects.

Appearing for LDK Lawyer T Tego and Export Processing Zone's (EPZ) Paul Muite submitted that recusal of a judge was a weighty matter that ought not to be handled casually.

"There is need for this court to compel the applicant to do so formally since litigants have a right to be heard" Said Muite.

Tego advised the court that Erderman should file a formal application to be considered as to why the Judge must recuse himself from the Case.

Erdermann moved to Court last year in a bid to stop the Mavoko based brewer to from polluting the environment.

The court directed the real estate developer to submit written submissions in 14 days ahead of hearing and determination.

While speaking to the Star on Tuesday, Rajway said Erdermann had filed a suit against LDK to be stopped from polluting to the environment.

He argued that parliamentary reports revealed that LDK was emitting effluent that are hazardous to human life and to the environment.

“Reports conducted by Mavoko Water and Sewerage Company show that the effluents that are emitted by LDK both treated and untreated are indeed hazardous,” he said.

The tussle of between the two companies led to endless trips to court by Erdermann after Justice Angote had stopped the construction after LDK had filled a case against them challenging license was issued to Erdermann by the National Environmental Management Authority, NEMA.

LDK cited that NEMA had issued the license without following the right procedure since the location was an industrial place and residential houses were not supposed to be constructed there.

Benjamin Lagwen, the LDK’s Environmental advisor said Ederman violated the courts process by obtaining the orders to continue with the construction twice from different courts, without informing them of the tribunal case against the land.

“Erdermann is breaking all the laws by abusing court process since the construction was stopped by the National Environment Tribunal in Nairobi but they moved to Machakos and obtained orders to resume the erection without informing the judge that the case was in tribunal”, said Lagwen.

He said LDK informed the court about the matter and it was blocked because ‘they did not disclose that the matter had been in the tribunal’.

“These people waited until December 20th and rushed to Makueni court since Justice Angote was on leave and re-obtained orders to continue with the construction but again did not inform the court of the tribunal matter. Ever since they have been constructing day and night”, he alleged.

However he denied pollution accusations against LDK alleging that Edermann has been discharging raw discharge in to the environment.

“Erdermann is purporting that LDK is releasing hazardous effluent in to the environment, which is false. LDK discharges its waste into the sewer line owned by Export Processing Zones Authority, EPZA”, he said.

Last year, the court ordered samples to be taken from the LDK effluent to determine whether they are hazardous but the matter will be discussed in May 2020.

Also, the EPZA had disconnected them from their main sewer but it was later ordered by a court in Machakos to reconnect LDK.