Troubled miller allowed to table more evidence in court case
SEE ALSO :Assembly disowns Kibos on pollutionThe court had found that the miller and two of its affiliated companies obtained their licenses illegally. The court also ordered the three companies to demolish structures they had put up in two parcels of land so as to restore the environment. On Wednesday, Justice Makhandia said documents from the environmental watchdog were authentic and directed the miller to file them as an affidavit. “The Nema report is credible and believable. The report deals with the issues under consideration in the appeal before this court,” the judge said. Last week, defense lawyers led by Fred Ngatia had asked the appellate court to dismiss the application, arguing that the documents were questionable. Mr Ngatia also claimed that the county assembly was a party to the case in the lower courts, adding that a decision by a county assembly committee to tour the miller took place when the case was active. Bendon Ambuti, Erick Ochieng and Bether Atieno had accused the miller of failing to comply with environmental regulations set by Nema. They claimed the company was discharging effluent into rivers Nyamasaria and Kibos, which was polluting the environment. They had sought for 12 orders including a declaration that an environmental impact assessment report issued to the miller for the construction of a factory was illegal and contravened provisions of the Environmental Management and Co-ordination Act. The appeal will be heard on October 29.
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