A Belgium energy company has finally been allowed to proceed with Sh21 billion wind energy investment in Lamu after the High Court dismissed an application by a rival firm, which had derailed the project.
Malindi Land and Environment judge James Olola dismissed the application by an US-based company- Cordison International Company clearing the legal hurdle.
“I did not find any evidence of breach of rules of natural justice to warrant the grant of judicial review orders sought by the applicant,” he said adding “accordingly the motion dated May 22 2017 must fail; the same is dismissed with costs.”
On May 2017, Cordison International Company filed an application against the National Land Commission (NLC) and Lamu County government accusing them of favouring Kenwind Ltd in land allocation to invest a Sh21 billion wind energy project at Baharini Ward in Mpeketoni Lamu.
Other respondents were Ministry of Land and the Attorney- General.
Cordison had asked for orders to quash the allocation claiming that Kenwind was illegally allocated a portion which was approved and issued to it.
Cordison had sought to invest Sh23 billion for its 100 megawatts of its phase one project in Kiongwe, Lamu but said investment had delayed for 27 months by NLC’s failure to approve land lease instruments.
But the NLC stated that Cordison did not meet the legal requirements to be awarded the lease for 11,000 acres of land despite efforts to invest in the plot since 2009.
During the trial, 39 residents of Baharini in Mpeketoni, Lamu West Sub County also sought to be enjoined in the matter as interested parties to challenge Cordison, which claimed to have been given all approvals to implement the project in the area.