Kilifi Developer punished for encroaching on riparian land

Mzuri Sweets factory

An environment agency has given 30 days to an investor constructing a factory near a wetland in Kilifi County to restore the backfilled section of the wetland to its original state. – By Ramadhan Kambi

The National Environment Management Authority (NEMA) has also stopped the ongoing construction of the more than one billion plant along the Mombasa-Malindi highway. 

There has been hue and cry from environmentalist and other activists that the construction of the factory at Kwa Kadzengo an area known for flooding during rainy season will have a big impact on environment. 

On Tuesday this week, NEMA chairman John Konchella and his team inspected the factory and immediately ordered it to stop. 

While at the site, Mr Konchella said the fiscal assessment had indicated that a section of the building had encroached 30 meters into the riparian reserve. 

“The backfilling of the wetland on land number LR531 had continued despite the developer being issued with an order stopping the activity on April 15, 2020, this is an activity already violating an order issued,” he said. 

The chairman further ordered the investor to restore the backfilled section of the wetland to its original state within 30 days. 

“Environmental inspectors in liaison with Water Resource Authority, Kenya National Highway Authority, County Surveyor, and the county government of Kilifi shall undertake pegging of the wetland and the road reserve to inform the extent of encroachment of the building,” he ordered. 

NEMA acting director in charge of compliance and enforcement Zephania Ouma clarified why they are stopping a project the agency had earlier approved after carrying out Environmental Impact Assessment (EIA). 

HAVE YOU SEEN THIS?  I Considered Taking My Life — Former England Player Opens Up

He said that the EIA is not a blank cheque since there are conditions which they prescribed. 

“We have confirmed that a number of these conditions have not been met and that is what it has led to the situation which you are seeing on the ground. We know exactly what a wetland is and this has been confirmed, there is a hydrological survey report done confirming the existence of a wetland at this site,” he said. 

The construction of the factory owned by Mzuri Sweets Limited is now 80 per cent complete and is expected to employ more than 1,000 people. 

Mzuri Sweets Limited chief executive officer Hiten Solanki, the human resource manager George Ongany insisted they have complied with NEMA directives issued on April 15, 2020. 

“I would like to clarify on the ‘purported stop order’ issued on April 20, since it was not a stop order but an improvement notice which we complied and proceeded with the project,” said Mr Solanki.