The High court has dismissed a petition by London Distillers Ltd seeking to have Kitengela International Schools close down allegedly because it is too close to its factory in Athi River in Machakos County.
Justice George Odunga said the application by the distiller lacked merit as it was based on speculations of threat to business anticipation of future frustration.
The distiller was apprehensive that the establishment of the school in proximity had the likelihood of leading to future conflict.
The multi billion-shilling distillery stands on over 350 Acres of land in Athi River off the Mombasa-Namanga Interchange.
But Justice Odunga ruled that it cannot be said that the school was established with an intention to bring to a halt the operations of the distiller.
“The issue of the establishment of the school being a step towards the crippling of the operations(London Distillers) is rather speculative at this stage,”said Justice Odunga.
The Petitioner had argued that the distiller was opened in 1986 in an area set aside specifically for industrial development,
However in 2016,the petitioner realized that Erdemann Property Ltd,to whom it had sold part of the land,had converted its use from an industrial development to mixed-use including residential and had built the great wall apartments.
Erdermann further leased out some of the apartment at the said great wall Gardens to Kitengela International School for the purposes of setting up a mixed day primary and Pre School,London distillers said the institution was established barely 8 metres from its perimeter wall,contravening provisions of the Alcoholic drinks Control Act,No.4 of 2010.
But Justice Odunga said that section of the law was irrelevant as the distilleries operations do not fall within the ambit of that provision.