The court has ordered for the closure of Kibos Sugar Factor over environmental pollution after a group of residents filed a petition against the company.
In the case by the residents against the factory, Kibos Sugar and Allied Industry Limited were the first respondents, while Kibos Power Limited was the second respondent and the Kibos Distillers Limited labeled as the third respondent.
The Kisumu court noted that it found out that the 1st-3rd respondents Environmental Impact Assessment licenses were illegally and unprocedural acquired.
Issuing the ruling, 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.
A Kisumu court has ordered for the closure of Kibos Sugar Factory over environmental pollution following a successful petition by Kajulu Residents.
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 factory was in turn given seven days to appeal orders in relation to orders issued stopping the operations until a new EIA license is issued.
The residents who sued the company included Benson Adega, Erick Ochieng’ and Bether Opiyo. The three residents are from Kisumu East.