A Nairobi-based property developer has been ordered to pay Ngara Girls High School a total of Ksh13 million for environmental degradation and unauthorized use of school land during the construction of a nearby housing project.
The ruling, delivered by Judge Grace Kemei, found Erdemann Property Limited culpable for operating a concrete-making plant on the school’s premises without consent.
The plant which is part of the company’s River Estate apartment development, continued operations even after its lease expired in June 2023.
Justice Kemei noted that the developer’s activities led to significant air, noise, and water pollution, which disrupted learning and infringed on students’ constitutional rights.
“Learning in a polluted area strips young learners of their dignity and creates a hostile environment. Operating a concrete-making machine is not in the best interest of the child,” she stated.
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The court awarded Ksh3 million to the school for trespass and interference with its right to peaceful land use. An additional ksh10 million was granted as compensation for exposing students to harmful conditions and violating their right to a clean and healthy environment.
The case was initiated by the school’s board and a concerned parent, who accused Erdemann of encroachment and environmental harm. Despite admitting to the pollution, the developer claimed to have implemented mitigation measures, including installing dust nets, repairing roads, watering dusty paths, and erecting speed bumps to reduce disruption caused by vehicles.
In addition to the financial penalties, the court directed Erdmann to restore the affected land to its original state within 60 days. This includes rebuilding the school’s perimeter wall. Failure to comply will result in an additional kshh10 million fine to cover restoration costs.
By Masaki Enock
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