• The magistrate gave them seven days to appeal orders in relation to orders issued stopping the operations until a new EIA licence is issued.
• On October 31 last year, Justice Kibunja granted interim orders stopping the company from milling sugarcane.
Image: FAITH MATETE
A Kisumu court has ordered for the closure of Kibos Sugar Factory over environmental pollution following a successful petition by Kajulu Residents.
Three Kisumu East residents Benson Adega, Erick Ochieng' and Bether Opiyo had sued Kibos Sugar and Allied Industry Limited (first respondent), Kibos Power Limited (second), Kibos Distillers Limited (third), National Environmental Management Authority (fourth) and the County Government of Kisumu (fifth).
This is after the court in its finding ruled that the 1st-3rd respondents Environmental Impact Assessment licences were illegally and unprocedurally acquired.
Environment Court Judge Justice Stephen Kibunja on Wednesday issued an order of permanent injunction restraining or stopping the company through themselves or employees from any way continuing with operations of the factory or milling sugar cane.
Justice Kibunja stated that they first have to carry out EIA studies and submit the report to Nema for approval and fresh licenses issued in accordance with the law.
The judge issued an order of an environmental restoration requiring the first, second and third respondents to demolish any structure erected on the land parcel L.R. NO654/23 and 11273 in Kibos area without an approved EIA study report, with a view of restoring the environment to its original status.
“Should they fail to obtain fresh EIA licenses in 120 days, and failure to comply with the said restoration order, the petitioners in conjunction to the 4th and 5th respondents are hereby authorised to appoint an auctioneer to carry out the said restoration order and recover the costs from the 1st to 3rd respondent,” he stated.
While delivering his judgment, Justice Kibunja stated that the issuance of EIA license No.0000259 to the first respondents by the fifth respondents based on environment project report only, for milling of 500 tones of sugarcane without an EIA study and construction of a factory was unconstitutional, illegal and in contravention of the laws.
The magistrate gave them seven days to appeal orders in relation to orders issued stopping the operations until a new EIA licence is issued.
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.
In February, Nema shut down two plants at the company following complaints by residents about pollution.