The Environment and Lands Court in Malindi ordered the National Land Commission (NLC) not to allocate land to Kenwind Holdings until a case filled by the US firm, Cordisons International, is determined. Kenwind, a subsidiary of the Belgian renewable energy giant, Elicio NV, plans to invest Sh21 billion in Lamu to produce 90MW of wind power on 3,200 acres. But Cordisons International went to court to stop the investment, saying the land allocated to Kenwind overlaps the 11,100 acres on which it also intends to erect a wind power generation plant.

According to documents submitted in court, Cordisons has received more than 30 letters of approval from the relevant government agencies and the county government of Lamu. The company plans to invest Sh23 billion to generate 100MW wind power. It told the court that NLC has frustrated its plans and declined to award it land lease instruments to facilitate the investment. It said NLC has 'sat' on the documents for more than 25 months after the Lamu government finalised approvals and instructed the commission to complete and issue the lease instruments.

Judicial review

The company went to court in January, seeking a judicial review in a case in which the NLC chairman and director of physical planning are cited as respondents. Wednesday, Judge Ann Omollo ordered that the implementation of the Kenwind project in Kiongwe in Lamu West be suspended until Cordisons' judicial review is determined. "That grant of leave stays any further proceedings or action regarding the allocation, approval, or implementation of a wind power project over the area," said Justice Omollo.

The judge said no wind project should be implemented on the 11,100 acres that are covered under the coordinates outlined in the award to Cordisons International (K) Ltd of September 2, 2013 by Lamu County. Cordisons has also sought a judicial review on NLC's continued refusal to grant it a lease despite getting approval from all the relevant government agencies and the Lamu County government.

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