Developer ordered to pay Ngara Girls Sh13 million for encroachment, pollution
The judgment followed a case filed by the school’s board and a parent, who accused the developer of pollution and trespass linked to its River Estate apartment project.
A Nairobi court has ordered Erdemann Property Limited to pay Ngara Girls High School Sh13 million for damaging the school’s learning environment and illegally occupying its land during the construction of a nearby housing development.
The judgment followed a case filed by the school’s board and a parent, who accused the developer of pollution and trespass linked to its River Estate apartment project.
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In her ruling, Environment and Land Court Judge Grace Kemei found that the developer operated a concrete plant on the school’s land without consent, even after a lease agreement expired in June 2023.
The court said this led to air, noise, and water pollution, which disrupted learning and violated the students’ rights.
"The court finds that the concrete making plant operated by the first respondent (Erdemann) on the suit land did violate the rights of the students not only to education, dignity, and the right to a clean and healthy environment. Learning in a polluted area, as described by the petitioners, takes away the dignity of the young learners by creating a hostile environment. Operating a concrete-making machine, therefore, is not in the best interest of the learner/child," Justice Kemei said
The court awarded Sh3 million to the school for trespass and interfering with its right to use its land.
An additional Sh10 million was ordered as compensation for exposing learners to a harmful environment and disrupting their right to a healthy space.
Erdemann admitted its construction caused pollution but said it had taken several steps to reduce the impact.
These included putting up dust nets, repairing and watering nearby roads, and installing speed bumps to control vehicles that raised dust and noise.
"The first respondent (Erdemann) does not deny this but states that it has taken mitigation measures to manage the hazards, including seeking and obtaining approvals from all the necessary governmental authorities for its activities on the land and specifically for the development of the River Estate Project," said the judge.
Despite the mitigation efforts, the court ruled that the developer’s actions breached the learners' rights.
"So important is a clean, healthy, and sustainable environment that it is deemed to be the cornerstone upon which the enjoyment of political, economic and social rights can be attained," Justice Kemei said.
The judge further directed Erdemann to return the land to its original state within 60 days, including reconstructing the school’s perimeter wall. If the developer fails to comply, it will be required to pay another Sh10 million to the school for the cost of restoring the land.
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