A Sh3 billion housing project by Edermann Properties Limited in Athi River will remain suspended after the private developer lost its appeal.
The Court of Appeal declined to set aside an Environment and Land Court decision that stopped the construction of over 600 units in Phase 3 of the Great Wall Gardens housing project.
Justice Charles Mbogo, sitting in Makueni, suspended construction on April 23, agreeing with an Environment Tribunal ruling on December 6 last year.
But Edermann asked the appellate court to suspend the decision of the tribunal and ruling of the Environment court pending appeal.
The developer argued that the tribunal gave a decision in excess of its jurisdiction. It said the project is valued in excess of Sh3 billion and it would be exposed to irreparable harm.
Court of Appeal judges Wanjiru Karanja, Daniel Musinga and Sankale ole Kantai, said they are not satisfied there is an arguable appeal in the matter.
The judges said there was an appeal before the tribunal and they do not know why Edermann has not prosecuted it. They faulted the firm for choosing instead to file various suits in Nairobi, Machakos and Makueni praying for various reliefs.
The developer has built over 2,000 housing units and was in the process of developing phase 3 of the Great Wall Gardens housing project.
However, London Distiller (K) Ltd challenged a decision by the National Environment Management Authority to issue a change of use of permits for land on which the development sits from industrial to residential.
(edited by o. owino)