• The petitioners said their right to clean environment guaranteed in the Constitution had been violated.
• The firm is accused of discharging effluent into a river that serves thousands of residents.
Image: FAITH MATETE
The Environment and Land Court will today rule on whether Kibos Sugar Factory is culpable in the pollution of River Kibos and its catchment area.
The ruling was set to be delivered on September 25 in Kisumu but Justice Stephen Kibunja pushed it to today.
Residents Benson Adega, Eric Ochieng’ and Bether Opiyo filed the case last year seeking orders to stop the company from pouring effluent into the river that is the main source of water for thousands of people.
Kibos Sugar and Allied Industries Ltd is listed as the first respondent together with Kibos Power Limited, Kibos Distillers Limited, the National Environment Management Authority and the Kisumu county government.
The petitioners said their right to clean environment as guaranteed in the Constitution had been violated by the actions of the respondents.
They said the Environmental Impact Assessment license for Kibos Sugar factory was acquired illegally.
On October 31 last year, Justice Kibunja granted interim orders stopping the company from milling sugarcane, producing power and distilling alcohol pending hearing of the case.
But the company appealed the decision in an Eldoret court and received orders to continue operating.
The petitioners stated that the first to third respondents’ action of discharging effluent or polluting the environment with the blessing of Nema and county government infringed on their rights.
In February, Nema shut down two plants at the company following complaints by residents about pollution.
In March, Nema issued a 14-day closure notice to the factory after a raid from the authority’s committee and the county government found the firm in contravention of environmental laws.
The two agencies threatened to suspend all its operations should it fail to implement recommendations in two weeks.
According to the authority’s complaint committee chairman, they acted after receiving several complaints from both the residents and the county government.
Initially, factory chairman Raju Chanan had denied the allegations but confirmed that indeed there was spillage but was handled swiftly.
He said other than the accidental spillage, no other complaints had been raised against the company’s waste disposal method.
(edited by O. Owino)