Kibe Mungai at the Milimani law court on Janaury 20, 2014.(file photo)
BY SAM ALFAN.
High court has upheld the decision of National Environmental Tribunal’s decision to halt the construction of multi million shillings sugar factory complex at Masewa- Busibwabo location in Busia County.
The court said that the communication by NET on letter dated June 4 was administrative communication from the tribunal staying any activities at the site pending the hearing and termination of the appeal lodged by an aggrieved party over the issuance of Environmental Impact Assessment to Busia Sugar Industry and Africa Polysack limited.
The application by the two companies to high court was dismissed on grounds that the letter from NET is not amenable to judicial review.
The aggrieved party Kennedy Okoku Olulu made an appeal to the tribunal over the license issued to the two companies to put multi million shilling factory but the criteria was not made by Busia Sugar factory and its partner.
The court said that the appeal having made, no activity could take place until matter before it was heard and determined.
Busia Sugar factory and Africa Polysack limited sought orders to quash th decision of the tribunal to stop the construction of the factory.
The court was also asked to prohibit the tribunal from interfering with the ongoing construction in which the companies claimed to have spend millions of shillings.
The companies contended that the letter from te tribunal did not amount to an order halting the activities at the site.
Justice S. M kibunja disallowed the application by the two companies, saying the court can not interfere with tribunal’s activities.