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{
    "id": 836345,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/836345/?format=api",
    "text_counter": 231,
    "type": "speech",
    "speaker_name": "Maara, JP",
    "speaker_title": "Hon. Kareke Mbiuki",
    "speaker": {
        "id": 79,
        "legal_name": "Japhet M. Kareke Mbiuki",
        "slug": "japhet-kareke-mbiuki"
    },
    "content": "(iii) The LDK needed to come up with an improvement plan and a technology to contain the offensive smell emanating from its operations and waste. (iv) There were many other housing estates in the vicinity other than the Great Wall Gardens Estate. The Committee lacked the technical knowledge to test samples at various points in the plant. However, the samples were collected. From the foregoing, the Committee made the following observations: Families, especially expectant mothers and children, could be suffering from long term health complications from the pollution. It was, therefore, important to deal with the matter expeditiously to eliminate the threat to lives and investments in the area. A close-down order was given to LDK on 6th February 2017 due to its air pollution and releasing of effluent that was not meeting set standards. However, the distillery reopened. It was not clear whether it had met the expected conditions. There was, therefore, need to scrutinise the relationship between NEMA and LDK. London Distillers (Kenya) Limited had been in existence for over 30 years in Kenya. Therefore, it ought to have invested in technologies that mitigate air pollution, recycle solid waste and escalate or institute internal self-regulation. The National Environment Management Authority (NEMA) only acted after complaints were raised by EPL and the residents. The Authority needed to act proactively in order to stem environmental degradation in line with the precautionary principle in the International Environmental Law. I would also like to note that this House had also received a Petition on similar issues emanating from West Kenya Sugar Factory. The Committee is also seized with similar issues. So, there are serious conflicts between industries and residents of various areas. NEMA licensed EPL to develop a residential property in the vicinity of LDK. NEMA knew or ought to have known about the potential conflict of such a decision. NEMA knew there is an industry there in the name of LDK but, at the same time, went ahead and issued an EIE licence to the developers hence all the conflict. Erdermann Property Limited acquired the land adjacent to LDK fully aware that the area and its environs were zoned for industrial use. The land on which Great Wall Garden Estate by Edermann Property Limited was situated initially belonged to London Distillers, but it was sold- off to second parties by the Kenya Commercial Bank. The second users subsequently changed user status from industrial to residential use and subsequently sold it to Edermann Property Limited in 2015. That is the basis on which the developers are arguing that the change of user was already done by other players when they were buying that property. They are saying they are innocent because they bought the property. They did due diligence in terms of the user and it was indicated that it was residential. The NEMA Director-General produced before the Committee environmental audit reports largely commissioned by LDK to prove compliance of LDK with environmental standards. NEMA ought to have provided independently commissioned tests since the authenticity of results from self-initiated compliance tests would not be easy to vouch for. The report on air quality measurement at London Distillers Limited was received at the company on 24th March 2018, days after receiving an invitation to appear before the Committee. This could imply that the report was merely done to exonerate the company from the accusations levelled against it. The report could have been a public relations exercise geared purely at hoodwinking this Committee and the House. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}