A real estate developer has been directed to pay Sh13 million to Ngara Girls High School for polluting the learning environment and illegally occupying part of the school’s land during the construction of a nearby apartment complex.

In a ruling delivered by the Environment and Land Court, Erdemann Property Limited was found liable for environmental degradation and trespassing on the school’s land while undertaking the River Estate high-rise housing project.

The court awarded the school Sh3 million in general damages for trespass and infringement of its right to possession of the land. A further Sh10 million was awarded as compensation for the violation of the students’ rights to a clean, healthy, and sustainable environment.

Justice Grace Kemei, while allowing the petition filed by the school's board and a parent, said the developer's actions had created a hostile environment for learning.

“The court finds that the concrete making plant operated by the first respondent (Erdemann) on the suit land did violate the rights of the students not only to education, dignity, and the right to a clean and healthy environment. Learning in a polluted area, as described by the petitioners, takes away the dignity of the young learners by creating a hostile environment. Operating a concrete-making machine, therefore, is not in the best interest of the learner/child,” said Justice Kemei.

The court was told that Erdemann had remained on the school’s land even after the lease had expired in June 2023.

The judge found that the company had continued to occupy the land without consent and that its activities had led to air, noise, and water pollution, all of which negatively impacted the learners.

"The first respondent (Erdemann) does not deny this but states that it has taken mitigation measures to manage the hazards, including seeking and obtaining approvals from all the necessary governmental authorities with respect to its activities on the land and specifically with respect to the development of the River Estate Project," said the judge.

The developer argued that it had taken several steps to reduce the pollution, including installing speed bumps to reduce dust and noise from passing matatus and motorcycles, rehabilitating and watering Jadongo Road, and putting up dust-proof netting.

Despite these efforts, the court maintained that the developer had infringed on the rights of the students and the school community.

“So important is a clean, healthy, and sustainable environment that it is deemed to be the cornerstone upon which the enjoyment of political, economic, and social rights can be attained,” Justice Kemei said.

Erdemann was also directed to restore the affected land to its original state, including rebuilding the perimeter wall, within 60 days. Should it fail to do so, the developer will be required to pay the school an additional Sh10 million for land restoration.