This archive report was first published on 16 August 2019.
On July 31, 2019, Justice Stephen Kibunja of the Environment Court ordered the closure of Kibos Sugar and Allied Industries Limited, Kibos Power Limited, and Kibos Distillers Limited over claims of environmental pollution. The entities were accused of discharging waste into the Kibos River and acquiring Environmental Impact Assessment licenses illegally and unprocedurally.
However, the Court of Appeal, comprising judges Asikhe Makhandia, Otieno Odek, and Patrick Kiage, overturned the order, citing that Kibos Sugar Factory would suffer massive losses if the order took effect before the appeal was heard.
“We are satisfied that the appellant stands to suffer irreparable losses if the order is not suspended,” the judges ruled. “We therefore direct that the company continue with its operations pending determination of this appeal.”
The judges directed the plaintiffs to file a response within three weeks.
