High Court Orders Kibos Sugar To Be Shut and Demolished

A Kisumu high court has ordered the closure of Kibos Sugar company after local residents filed a case against the company over claims that it pollutes the environment.

Following a judgment passed by the high court judge, SM Kibunja, the Environmental Impact Assessment (EIA) license of the company was revoked after the court found that it was not procedurally acquired.

Justice Kibunja also ordered the National Environmental Management Authority to conduct an Environmental Impact Assessment (EIA) within a period of four months and issue new to eligible companies.

If the company declines to comply with the court orders within the given period of four months, structures within Kibos sugar factory be demolished and the environment restored to its original status.

The judge gave orders to the complainants, the county government of Kisumu and NEMA to hire an auctioneer to carry out the restoration process to the environment.

“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 authorized to appoint an auctioneer to carry out the said restoration order and recover the costs from the 1st to 3rd respondent,” justice Kibunja stated.

The court order will not only affect the Kibos Sugar Company but also the Kibos Power Limited which generates electricity and also Kibos Distilleries Limited which generates alcohol.

Justice Kibunja said that the court was satisfied with the petitioners’ claim arguing that Kibos had violated the right to a clean and healthy environment.

The Kibos company lawyers, on the other hand, wanted the case to be heard by the NEMA tribunal arguing that the high court had no jurisdiction of which the high court judge dismissed.

Justice Kibunja ordered the respondents to pay for the petition costs even after the lawyers made it clear that they were going to file an appeal against the ruling. The magistrate gave them seven days to make an appeal in relation to the issued orders.

READ ALSO: Nema Orders Shut Down of Kibos Sugar Accused of Polluting Lake Victoria