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Lawyer Kenneth Akide with his client at Milimani Law court in Nairobi.

Cabinet Secretary for Mining Najib Balala has been sued for impounding export goods now being held at the port of Mombasa.

Stem Alloys Enterprises limited accuse the minister and the commissioner of mines and Geology for holding packed consignment in ten containers without giving reasons behind the seizure.

The applicant company through lawyer Kenneth Akide told vacation judge Justice Eric Ogola that it obtained permit to export Malachite Ore which was destined for South Korea.

The court heard that the commissioner of Mines and Geology did give the endorsement invoice and the packing list for the consignment for export, saying the company had complied with all the requirements.

The company was further issued with minerals dealer license which was issued by the commissioner of Mines and Geology confirming compliance by the exporting company.

Mr Akide told the court that due unlawful seizure of the goods, the company suffered and continues to loss its finance which includes demurrage charges of approximately one million shilling per day.

The lawyer urged the court to order for the release of the consignment, since they have complied with the provisions of the mining Act and the defendant’s decisions to impound the goods is both irregular and unlawful.

The court however did issue the order sought the office of the attorney general has replied to the application, the judge directed that the AG file the affidavit within a period of five days and the matter be heard on 16 September 2014.


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