Environmental Court Orders Kibos Sugar Factory To Be Closed

The Environment and Land Court in Kisumu on Wednesday ruled that Kibos Sugar Factory is culpable in the pollution of River Kibos and its catchment area.

The case which was filed by residents Benson Adega, Eric Ochieng’ and Bether Opiyo last year listed Kibos Sugar and Allied Industries Ltd is listed as the first respondent together with Kibos Power Limited, Kibos Distillers Limited, the National Environment Management Authority and the Kisumu county government as the third, fourth and fifth respondents respectively.

The three residents were seeking orders to stop the company from pouring effluent into the river that is the main source of water for thousands of people.

The Kisumu court noted that it found out that the 1st-3rd respondents Environmental Impact Assessment licenses were illegally and unprocedural acquired.

While issuing the ruling, Justice Stephen Kibunja issued an order of permanent injunction restraining or stopping the company through themselves or employees from any way continuing with operations of the factory or milling sugar cane.

The judge also ordered an environmental restoration requiring the first, second and third respondents to demolish any structure erected on the land parcel L.R. NO654/23 and 11273 in Kibos area without an approved EIA study report, with a view of restoring the environment to its original status.

“Should they fail to obtain fresh EIA licenses in 120 days, and failure to comply with the said restoration order, the petitioners in conjunction to the 4th and 5th respondents are hereby authorized to appoint an auctioneer to carry out the said restoration order and recover the costs from the 1st to 3rd respondent,” the judged ruled.

The factory has been given seven days to appeal in relation to orders issued.