"Court quashes ruling revoking Kibos Sugar licence", 1 Febuary 2020

Kibos Sugar Company got a reprieve after the appellant court in Kisumu dismissed the High Court ruling that invalidated its licence. The privately-owned sugar factory had...appealed the decision by the High Court that the company's Environmental Impact Assessment license was acquired illegally.  Justice Stephen Kibunja in July last year ruled that the company must first carry out an EIA survey and submit the report to the National Environment Management Authority for approval for a fresh licence. The judge also ordered the defendants to demolish unapproved structures on land...in Kibos [and] to restore the environment to its original status.

However, on Friday, Justices Philip Kiage, Asike Makhandia and the late Otieno Odek ruled in favour of the company that had earlier indicated that it would relocate to a neighbouring country over 'a volatile working environment'. The judges stated that there was no evidence the company was polluting the environment nor that residents who petitioned the miller...suffered any damages as a result of pollution. During an appeal hearing in October, the firm–through its lawyers–told judges it was given a clean bill of health by Nema and the House committee.

[Opposing] lawyer,...Fred Ngatia,...said it was suspicious that the county assembly committee toured the premises days after the trial court concluded the case and gave its orders. Three Kisumu East residents...sued the sugar factory in October last year. They said their right to a clean environment had been breached citing fear of disease outbreaks.