Court suspends release of 25,580 tonnes of sugar impounded by State

The Court of Appeal has suspended the release of 25,580 metric tonnes of Brazilian sugar into the country’s market.

The sugar impounded by the government’s multi-agency team at a go-down in Mombasa last year is said to contain yeast and mold and are not fit for consumption.

Appellate judges, Justice William Ouko, Erastus Githinji and Hannah Okwengu said the court was mindful that public good and interest is paramount and if the sugar is to be released before an appeal by Kebs is heard and determined, the appeal will serve only as an academic discourse.

In suspending execution of a High Court judgment that ordered for the release of the sugar in July this year, the judges pointed out that the risks the public will be exposed should it turn out that the sugar is not fit for human consumption will be too grave to contemplate.

Landmark Freight Services Limited had imported the sugar in 18 entries of 511,600 bags of 50Kgs from a Dubai-based company between May 11 and August 31, 2017 when the government had waived duty on importation of the commodity.

In the suit papers, the company claims it paid all taxes to the Kenya Revenue Authority for all the 18 entries.

However, when carrying out a raid on counterfeit sugar, the multi-agency team issued seizure notices to the company on claims that the sugar consignment had incorrect custom declaration and the bags were not labelled with the name and address of the company.

Aggrieved by the decision, the company moved to court to quash Kebs’ laboratory test report dated June 29, 2018. It also sought for a declaration that the seizure was unconstitutional.

However, Kebs denied that the seizure was illegal on the grounds that the company’s certificates of conformity had expired in October 2017, adding that samples collected from the bags failed the set safety standard for brown sugar.

High Court Judge Weldon Korir was unable to determine whether the sugar was good for human consumption and directed Kebs main witness, Clarkson Nyambok to provide the court with full test results within three days from the date the court delivered its judgment.

The judge made a ruling after Nyambok testified on June 26 this year, a decision in which he ruled that the sugar be released to the company because it was safe for human consumption.

Discontented by the ruling, Kebs filed an application at the Court of Appeal, seeking orders suspending the High Court ruling, pending hearing and determination of its appeal.

Kebs argued that the judge erred in declaring the sugar fit even after it had found through laboratory tests that it was unfit for human consumption.