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 authorized 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 residents who sued the company included Benson Adega, Erick Ochieng’ and Bether Opiyo. The three residents are from Kisumu East.
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