US sponsored Cordisons International (K) Limited has served the National Land Commission chairman Muhammad Swazuri, and the NLC with court restraining orders against interference with a wind power project in Lamu county.
The new order is based on fresh evidence against NLC for allegedly issuing an allotment letter to a second private company, Kenwind Holdings Ltd, in an attempt to secure a 3,200-acre parcel of land that, according to court documents, overlaps some 11,100 acres of public land already approved to Cordisons.
A report by the Star shows that the National Land Commission, in August 2016, approved Kenwind’s project with Swazuri stating that Cordison’s request to be allocated land was not approved because the firm had not followed procedures.
Sh23 billion project
The Sh23 billion wind power project by Cordisons which, was approved by the Ministry of Energy in 2009, has been behind schedule due to delays by the NLC to issue final land documents to the US project.
The allotment letter to Kenwind on the overlapping parcel, now lodged in court, is dated February 7 and signed by one J. K. Kariuki for chairman of NLC.
It is a move that, according to a written submission to the court by the Lamu government, was against all warnings to NLC by the Lamu government that such allocation would overlap Cordisons’ approved site of 11,100 acres at Kiongwe.
Court records show that Lamu county issued instructions to NLC to process the final land instruments for Cordisons in December 2014.
The records show that in April 2016, County Secretary Siyat Osman Ibrahim wrote to Swazuri, informing him that the county government had revoked an earlier preliminary approval to Kenwind.
The letter stated in part: “It has come to our attention that the approvals issued are in respect of the same parcel of land earlier approved, allocated, awarded and surveyed for another private wind power development (Cordisons).”
Disputed 12,000 acres
In September 2016, Swazuri said Lamu county had decided to divide the disputed 12,000 acres to satisfy all parties.
“The latest on the issue is that the county government has agreed to give part development plans to two companies for wind power generation. The 12,000 acres will be divided into three. They have put out a gazette notice to that effect,” Swazuri said.
Cordisons first went to court last January after Swazuri and NLC refused to prepare final lease documents for its project, despite having been instructed to do so nearly three years ago by the landowner, the county government of Lamu.
In the Judicial Review suit filed under a certificate of urgency, Cordisons asked the court to determine the validity of over 50 approvals and letters of support issued to it by the required government agencies since 2010 and, if found valid, to compel NLC to sign the lease agreement prepared two years ago by the county government of Lamu and to quash duplicate approvals that NLC issued to Kenwind.
Subsequently, the court on May 19 suspended Kenwind’s project and ordered NLC to stop all allocations until the judicial review suit by Cordisons was determined.
Cordisons filed maps of four approved sites with the authorities in 2010 and then, with the written support of Ministry of the Energy and Ministry of Finance, imported and installed an initial Sh5 million worth of equipment and technology as the firm awaited land allotment by the NLC.
Court documents show that in 2012, Kenwind, fronted by Belgian renewable energy producer Electrawinds, was given a nod to develop energy on a land parcel bordering Cordisons’ approved site at Kiongwe.
Application denied
The documents show that the ministry however denied an application by another company to develop in Lambwe Valley, informing this applicant that the Lambwe site had already been approved to Cordisons.
Cordisons’ chief executive Crispin Kodi, declined to comment on the two suits, saying only that, contrary to some media reports, his company had no quarrel with Kenwind.
“Cordisons has a policy of good neighbourliness and ethical conduct,” Kodi said. “If Kenwind has a problem with us, we don’t know. But Cordisons has no problem with Kenwind or any other energy developer.”
Swazuri and NLC told the court through their lawyers that they do not intend to file a response. Kenwind, an interested party, filed a preliminary objection to the case, citing lack of jurisdiction by the court.
Lands and Environment Court Judge James Olola is set to make a ruling on the preliminary objection on July 7.
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