A sugar milling company in Kisumu County has been saved from demolition after the Court of Appeal suspended an order to close its operations.
The environment court had ordered the closure and demolition of Kibos Sugar Factory, but Court of Appeal judges Asikhe Makhandia, Otieno Odek and Patrick Kiage overturned the order.
They argued that Kibos will suffer massive losses if the order takes effect before the appeal is heard.
“We are satisfied that the appellant stands to suffer irreparable loses if the order is not suspended," ruled the judges.
"We therefore direct that the company continue with its operations pending determination of this appeal.”
Justice Stephen Kibunja of the Environment Court on July 31 ordered the closure of Kibos Sugar and Allied Industries Limited, Kibos Power Limited and Kibos Distillers Limited over claims of environmental pollution.
He said the entities were discharging waste into Kibos River.
Kibunja further ruled that the companies’ Environmental Impact Assessment licences were illegally and unprocedurally acquired.
But Kibos, through lawyer Tom Ojienda and James Orengo, accused the judge of failing to consider the impact of his order, which will affect the economy of Kisumu, Nandi and Kisii counties, which supply sugarcane to Kibos Sugar Factory. The judges directed the plaintiffs to file a response within three weeks.