KISUMU

20^th December 2006

 

 By Leo Odera Omolo

A prominent sugarcane farmer and transporter in Miwani intends to sue the Chief Executive of Kenya Sugar Board (K.S.B.) and his cohorts over the construction of Kibos Sugar and allied industries that violates the Sugar Act of 2001.  For starters, Kibos Sugar and Allied Industries is a sugar factory being currently constructed at Kibos Township about ten kilometers from Kisumu.  It is allegedly owned by one Chanan Singh aka Chenn by the locals.

 

The farmer who intends to sue the Kenya Sugar Board to relocate the new factory is also a Kisumu businessman and a budding MP to be for Muhoroni Constituency come 2007.  For the time being, the MP to be has requested to remain anonymous in this article but will soon come in the open as and when time dictates.

 

The farmer cum politician has addressed a letter to the Chief Executive Officer of K.S.B. insinuating that the construction of Kibos Sugar and Allied Industries is illegal according to the Sugar Act of 2001.  According to the farmer, the new factory outfit violates Section 2 (last paragraph) of the Sugar Act of 2001.

A copy of NOTICE TO SUE the Kenya Sugar Board dated 1^st December 2006 and copied to Kenya Anti-Corruption Commission and the Attorney General, amongst others has been freely availed to us.  Verbatinlly it reads like this: -

 

Section 2 (last paragraph) of the Act states that a sugar milling "ZONE" means the area within the radius up to a maximum of 40km of a sugar mill.  Accordingly, there must be a 40km radius RESTRICTION between which a sugar mill should be constructed.  Kibos Sugar and Allied Industries is but 20 kms from the first sugar industry in Kenya - Miwani Sugar Mills, now under receivership.

 

This is definitely going to be a six million dollar suit in its true meaning if this farmer makes his threats real and proceeds to court.  That threat is real since the farmer cum politician is basing is suit on a valid legal High Court precedent being Nairobi High Court Civil Application No. 1127 of 2005.

 

In that Nairobi High Court Civil Application, West Kenya Sugar Company (WEKSCOL) successfully sued K.S.B. for illegally licensing Butali Sugar Mills to operate within its 40 kilometre radial zone.  As a result of that successful application, the Chief Executive of K.S.B. was court bound to write a letter to Butali Sugar Mills to relocate outside the 40 kilometres permitted by law.

 

That High Court judgment PRECEDENT was met with wild jubilation, hugs, celebrations and merry-making in the Miwani Sugar belt.  I am informed the intended plaintiff treated his constituents with tons of tea and beer at Ka Elly Market in Muhoroni Constituency.  The intended plaintiff slaughtered five bulls and over 500 chicken all from his farm.

 

Early celebrations aside, it is going to be an uphill legal task for the plaintiff to throw out Charan Singh out of his pet factory.  More over, the plaintiff is not rich enough to do legal and financial battle with Chenn.  For him to succeed in his noble mission to protect Miwani farmers rights and to tame rogue chief executive of K.S.B. and maintain law and order in the sugar industry, the plaintiff might require financial assistance.

 

The plaintiff has therefore through this reporter sent S.O.S. to NGOs, civil society groups and individual farmers to come to his aid.  He is particularly appealing to Kenya National Commission of Human Rights, SUCAM, COTU, L.S.K. and other bodies to enjoin him to do legal battle against an illegal sugar factory in Kibos.

 

ENDS.

leooderaomolo@yahoo.com

The writer is LUOCOME REPORTER based in Kisumu. We urge all LUOCOME members with pressing issues pertaining to media and press releases to kindly contact him from any where in world. He will assist you to get true picture of your Village Developement.
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