Belgian firm gets nod to build Sh21bn wind farm in Mpeketoni

Belgian energy firm Kenwind Ltd is now set to build a Sh21 billion wind farm in Mpeketoni, Lamu County, after winning a tough Supreme Court battle that was threatening to stop the ambitious power project.

The Mpeketoni wind farm, which was approved 10 years ago, has failed to take-off due to a case filed by American consortium Cordisons International challenging Kenwind’s allocation of 11,000 acres at Kiongwe in Lamu – arguing that it was granted a leasehold interest over the land by the county government.

The National Land Commission (NLC) quashed the US firm’s lease documents and gave Kenwind the authority to go ahead with the Mpeketoni wind power project that will generate 90MW of clean energy.

This prompted Cordisons to move to court in January 2017 accusing the NLC and the Lamu County government of favouring the Belgian energy firm to set up the project in Kiongwe, where it had planned to invest Sh23 billion in the first phase of its power project.

The company said the NLC caused a letter of allotment to be issued to Kenwind illegally despite having been told by the county that the same parcel was earlier approved and surveyed for Cordisons’ project.

However, the NLC maintained that Cordisons did not meet the necessary legal requirements to be granted the lease for the parcel of land despite efforts to develop the same since 2009.

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The US energy firm had sought the approval of the Ministry of Energy in November 2009 before receiving the nod from the Commissioner of Lands, District Development Committee and Nema, among others.

Justice James Olola dismissed the case on May 25, 2018, a ruling that was upheld by the Court of Appeal on March 7, 2019, on the grounds that the appeal lacked merit. 

“We believe this appeal is devoid of merit, even without addressing ourselves to each and every ground of appeal. Consequently, we hereby dismiss it in its entirety,” the judges said.

Not satisfied with the decision, Cordisons moved to the Supreme Court with an appeal that was premised on the argument that it had a legitimate interest in the development of a wind power on the parcel of land.

However, a five-judge bench led by Chief Justice David Maraga, his deputy Philomena Mwilu, Justices Mohamed Ibarahim, Isaac Lenaola, and Njoki Ndung’u last week upheld three objections by Kenwind Ltd., Lamu county, and a group of 38 residents – giving Kenwind the green light to start the project. 

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