Investor wins reprieve in Nyeri LPG project dispute

The Environment and Land Court has stopped Nyeri County from interfering with the ongoing construction of a liquefied petroleum gas storage and filling facility by a private investor.

Justice Mary Oundo issued the injunction order after the investor, Depar Limited, complained that county officers had issued an enforcement notice ordering it to stop further construction.

Depar chief executive Linus Gitonga said the notice was issued on May 21, 2020, after his company had obtained all relevant permits for the project.

Justice Oundo found that the governor Mutahi Kahiga-led administration approved and issued the notice without allowing the investor to be heard.

“Issuance of the enforcement notice was an administrative action. The respondent has a duty to ensure that its action is expeditious, efficient, lawful, reasonable and procedurally fair. Procedural fairness necessarily requires that persons who are likely to be affected by the decision be afforded an opportunity of being heard before the decision is taken,” ruled the judge.

claims unchallenged

Evidence in court showed that the same county government and the Energy and Petroleum Regulatory Authority approved the construction of the industry.

There was also a public participation forum, where “the project was unanimously accepted by all attendees”.

Mr Gitonga said his company has been incurring delay penalty of Sh500,000 per week from the contractor due to the enforcement notice.

The judge said the county executive and county government did not challenge the claims made by the investor in the court.