This archive report was first published on 13 July 2019.
On July 12, 2019, the Environment and Lands Court made a significant ruling in a case involving the Kipsigis Highlands tea factory in Bomet County. The court decided to move the case to the disputed location, where the factory is situated.
The residents of Chepchabas village have been at odds with the factory, accusing it of releasing effluent into three local rivers - Emitiot, Kaboisio, and Koroma. This, they claim, has put their lives at risk.
High Court Judge Jane Onyango stated that environmental and water experts will visit the site to verify the claims made by the residents. The judge further emphasized that the court has jurisdiction to hear any dispute relating to the environment and land.
Philip Rugut, Joseph Kipsang, and Peter Cheruiyot, who are representing the community, had moved to court seeking to have the factory closed down. They alleged that the factory's operations violated their right to a clean and healthy environment.
The residents also claimed that the factory was constructed without public participation and that the management had failed to release an Environmental Impact Assessment report, which was allegedly used by the National Environment and Management Authority (NEMA) to issue an operating license.
Justice Onyango dismissed an objection by the factory's lawyer, Erastus Orina, who had argued that the court did not have jurisdiction to hear the matter. The judge warned the residents against holding demonstrations while the case is ongoing.
The matter will be mentioned on September 19, 2019.
