A ruling on an appeal by Kibos Sugar and Allied Industries against an order for its closure will be made on December 19.
The High Court ordered the closure of the company over environmental pollution following a successful petition by Kajulu residents.
Yesterday, Court of Appeal judges Milton Makhandia, Otieno Odek and Patrick Kiage said they will give a ruling on the matter after listening to oral submissions by lawyers representing both parties.
Benson Adega, Erick Ochieng' and Bether Opiyo 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).
Jude Ragot who represents the three petitioners opposed the idea of having the matter heard at the National Environmental Tribunal.
Ragot said the Tribunal had no mandate to listen to the case and that it was in order for the Environment and Land Court to hear the case.
He said the Tribunal jurisdiction is limited to listening to a complaint within six months of the occurrence of an incident of which the decisions they sought to challenge were made in 2005 and 2010.
Tom Ojienda, representing Kibos, had told the court that Environment and Land Court had no jurisdiction to hear the matter and ought to have referred the case to the Tribunal.
Ojienda submitted that there was no proof of violation of human rights due to pollution.
He said the petitioners failed to submit any scientific evidence detailing how the alleged environment pollution is affecting the locals.
In July, Environment and Land Court judge Stephen Kibunja restrained Kibos Sugar Company from operating until they apply for a fresh Environmental Impact Assessment (EIA).
The petitioners had moved to court last year seeking orders to shut down the factory for alleged continued pollution of the environment through effluent discharge into local rivers.
The court in its finding ruled that the company's Environmental Impact Assessment licences were illegally and unprocedurally acquired.
Kibunja 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.