A Mombasa High court has ordered Kenya Bureau of Standards to release 3,700 tonnes of sugar seized from Kwale International Sugar Company.
Judge Erick Ogola directed that the sugar be released since it was declared fit for consumption having complied with the required standards.
In June, a multi-agency team led by Kebs raided KISCOL plant located in Ramisi, Kwale and sealed off the factory and its warehouses after seizing sugar.
The factory was closed despite initial tests indicating that the sugar was standards compliant and fit for consumption.
Ogola’s orders came after a second test report proved that the sugar was processed to the required standard.
The release came as reprieve to the producer, who according to their lawyer Tom Ojienda, have incurred losses as a result of the closure.
Ojienda said apart from the revenue losses, the miller has also been struggling to service a Sh10 billion bank
loan.
The Senior Counsel told the court that the firms' unharvested sugarcane rot in the farms after the miller stopped crushing cane.
He said the raid that resulted to the factory's shutdown was an abuse of powers by the agencies.
KISCOL argued that the Sstate’s actions can only be interpreted as an economic sabotage adding that the same undermines the Big 4 agenda.
The firm said its sugar had been tested in November last year and March 2018, with both tests indicating standards compliance.
Ojienda said the manufacturer has at all time paid taxes and never evaded his responsibilities of remitting taxes.
However, Kebs through its lawyer Luise Rasanga, said samples that were not compliant ought to be destroyed.
The lawyer said it is KISCOL’s responsibility to make sure that their commodity were as per the required standards.
The sugar manufacturer had sued KEBS, KRA, the Attorney General, Trade ministry, DCI and Inspector General of Police for unlawful seizure and closure.
