High Court gives Sh400 million sugar importer temporary reprieve

An importer got a temporary reprieve after a court stopped the destruction of a sugar consignment seized from its Mombasa warehouse. [Photo, Standard]

An importer got a temporary reprieve after a court stopped the destruction of a sugar consignment seized from its Mombasa warehouse.

Landmark Freight Services Ltd returned to court on September 28, seeking fresh orders to bar the Kenya Bureau of Standards (Kebs) from destroying 92,000 bags of sugar worth Sh400 million, which were imported from Brazil. High Court judge Justice Chacha Mwita issued the restraining orders and directed the firm to serve all the parties. He set December 3 as the date for an inter partes hearing.

”That the honourable court be pleased to issue a temporary injunction restraining the Kebs and Kenya Revenue Authority (KRA) from destroying the sugar of the application currently stored at Mitchell Cotts Logistics Centre pending the hearing and determination of this application and petition,” the order reads.

The importer initially moved to court on August 30 seeking orders to stop Kebs from destroying the impounded sugar for allegedly containing excess yeast.

Condemned sugar

But even as the case proceeded, Kebs issued a destruction notice dated September 20, stating that “in line with multi-agency team release protocols, the sugar should therefore not be released to the owner for sale in the market and should be condemned for destruction”.

Landmark has listed Kebs, KRA, the Attorney General, the Ministry of Trade, and the Directorate of Criminal Investigations as respondents.

The firm, through lawyer Tom Ojienda, told Justice Mwita it was evident the respondents were intent on destroying his client’s sugar before the matter was heard and determined. Kebs argues that tests on the sugar found that the consignment had been stored with livestock pellets.