• The Kibos Sugar and Allied Industries Limited want the Appellant court to administer or consider two documents by Nema and Kisumu county assembly as new evidence.
• In July, the Environmental Court in Kisumu had ordered the factory to be closed for discharging raw effluent into River Kibos in Kisumu.
Image: FAITH MATETE
The Kibos cane miller has dismissed river pollution claims saying it had complied with regulations and its operations were approved by Nema.
The Kibos Sugar and Allied Industries Limited wants the Court of Appeal to administer two documents as evidence in a case in which it has contested a court decision that ordered its closure.
One of the documents was issued by the National Environment Management Authority. The other is a report by the Kisumu Assembly Committee on Water, Environment and Natural Resources.
In July, the Environmental Court in Kisumu had ordered the factory to be closed for discharging raw effluent into River Kibos. It said the company’s environmental impact assessment licence was acquired illegally.
Justice Stephen Kibunja issued an order of permanent injunction restraining the company from continuing with operations. He said they must first carry out an environmental impact assessment and submit a report to Nema for approval and a fresh licence.
Three Kisumu East residents, Benson Adega, Eric Ochieng’ and Bether Opiyo, sued the sugar factory in October last year. The Kibos Sugar and Allied Industries Ltd was listed as the first respondent, Kibos Power Limited as the second, Kibos Distillers Limited the third, Nema (fourth) and the Kisumu government (fifth).
For several years, residents had complained of pollution. They get water for their domestic use from the river. They lived in fear of disease outbreaks and said their right to a clean environment had been violated.
However, during an appeal hearing on Wednesday, the firm told judges Milton Makhandia, James Odek and Patrick Kiage that it was given a clean bill of health by Nema and the House committee. Lawyer Tom Ojienda said the two documents show his client had complied with environmental regulations and no licence was acquired illegally.
“We want to introduce additional fresh evidence in the case — a report by the two entities which was not ready by the time the trial court was making its ruling, hence the filling of this application,” he said.
The application was supported by lawyer James Orengo, who represented the Kisumu government. It was, however, opposed by lawyer Fred Ngatia, who noted that it was suspicious the county assembly committee toured the premises days after the trial court concluded the case and gave its orders.
Ngatia urged the court to dismiss the application adding it was questionable and unauthentic. The judges will rule on October 9 whether to accept the documents.
In July, Judge Kibunja also ordered the company to demolish unapproved structures on land LR No 654/23 and 11273 in Kibos to restore the environment to its original status.
“Should they fail to obtain fresh EIA licences in 120 days, and should they fail to comply with the restoration order, the petitioners are hereby authorised to appoint an auctioneer to carry out the said restoration order and recover the costs from the first to the third respondent,” he said.
But Kibos said implementing the order would be counterproductive. Through lawyer Charles Onyango, it said the factory employs more than 9,000 people and has an obligation to its clients and suppliers, including cane farmers.
“If the order of injunction is immediately enforced, it will result in unwanted consequences,” he said.
(Edited by F'Orieny)
Image: FAITH MATETE