Company contest decision to disconnect its sewer line

Nairobi, Kenya: An alcoholic beverage manufacturer has gone to court to challenge a decision to disconnect its sewer line.

London Distillers (Kenya) Ltd claims that Mavoko Water and Sewerage Company (MAWASCO) illegally disconnected its sewer line to the Export Processing Zones Authority (EPZA) in Athi River, sparking a dispute with local residents who complains of industrial pollution to the environment.

According to the company, they have complied with all requirements allowing it to discharge the effluent to EPZA main trunks but were surprised when MAWASCO allegedly vandalised its sewer line without any notice.

“The company has an independent contract with EPZA for disposal of its pre-treated effluent from its distillery. We have no contract with the water company and their claim that the company is discharging waste to the environment is not true,” said lawyer Makogonya Tiego.

However, both MAWASCO and EPZA have accused the company of covering up their illegal discharge of effluent into Athi River and endangering the lives of thousands of people depending on the river’s water.

The water company said it carried a spot check and analysed samples of effluent from the distillery and established that they are above the limit set by water regulations.

MAWASCO managing director Michael Mang’eli wrote to the company on September 18 raising concerns over the pollution and gave the company two weeks to comply by improving on their wastewater treatment plant in their factory.

Mange’li had warned London Distillers that if it does not comply, it will be permanently barred from discharging waste into the public sewer.

EPZA had also suspended the company’s permit to discharge its effluent into the public sewer claiming that test results from various reputable laboratories indicate that the distiller is discharging hazardous effluents to human beings, environment, and organisms. 

EPZA Chief Executive Officer George Makateto said that they have enough evidence indicating that the effluent being discharged from the factory to the public sewer line owned by the water authority is hazardous. 

“We as an organization do not support any act that will result in pollution and endangering the lives of both human beings, environment and organisms by allowing you to continue discharging such waste into the EZPA sewer line,” said Makateto.

But the company in its application denied discharging effluent to the water company’s public sewer line, arguing that they have a contract with EPZA to direct their waste into the export processing zone.

Mr Tiego told the court that the distiller’s pre-treated effluent is to the acceptable standard set by the EPZA and has paid all due up to December 2019. 

“There is no public sewer line that is connected to the company’s sewer line and the treatment plant. The company has its own independent sewer line that connects to the EPZA and we have not had any issues with the National Environment Management Authority over our waste,” said Tiego.

He added that MAWASCO lacks authority to question operations of the company’s water treatment plant since it was not the licensing body to oversee how it discharges its waste.

They are seeking an order to compel the water company to restore its sewer line and remove all blockages that hinders it from directing its effluent to EPZA. The suit is scheduled for hearing on Thursday.