Firms in row over environmental report

By Judy Ogutu

A proposed sugar project in Kwale is facing a legal hurdle over an Environmental Impact Assessment report published for licencing purposes.

Tiomin Kenya Limited has sued Kwale International Sugar Company Limited for allegedly infringing on its copyright and obtained a temporary injunction restraining it from making use of or distributing the report.

Together with Conte Design, the two defendants have also been restrained from using "the literal work" to obtain EIA licence.

High Court judge Justice Jessie Lesiit issued the orders following Tiomin’s application at the Milimani Commercial Courts on Friday.

The study report, Tiomin alleges, was prepared using data unlawfully acquired from it to deceive and hoodwink the National Environment Management Authority to defeat provisions of the Environment Management and Co-ordination Act, 1999, and obtain a licence.

mining deal

Tiomin says it was on the basis of the report that it obtained the licence to proceed with its mining project. It is seeking for damages amounting to Sh20,855, 920.

Kwale Sugar Company acquired a lease from the Government to establish a sugar-processing factory and also to undertake sugar cane farming on the land adjacent to the mining project. Tiomin holds a special licence to undertake a titanium mining and processing project in Kwale for 21 years starting July 4, 2004.

Through its advocate Desterio Oyatsi, it claims the purported study report by Kwale Sugar Company "is a flagrant infringement" of its copyright. According to Tiomin, undertaking the study and preparing the report cost it Sh19, 906, 240. It also claims it hired consultants at a Sh949,680 to review its report.

It further claims the Kwale Sugar Company did not properly undertake the environmental study that forms the subject matter of the said report.

"The purported study report is fake and invalid, " it argues. The case will be heard on April 1.