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NEMA orders for closure of Kibos Sugar Industries

Friday, March 6th, 2020 17:03 | By

In an unprecedented move, The National Environment Management Authority (NEMA) has ordered for the immediate closure of Kibos Sugar and Allied industries for failing to comply with air quality regulations.

Emissions from the sugar miller is five times more than internationally acceptable standards, according to a report released by NEMA.

Nema acting director general Mamo Boru Mamo while confirming the move said the decision was taken after the authority undertook an ambient air quality monitoring from December 17-21, 2019.

“The results showed that there was high concentration of particulate matter which goes against air quality regulations of 2014,” he said.

The outcome indicated that there were observable black smoke emitted from the sugar processing factory stack chimney and fly ash thereby negatively affecting its neighbourhood.

“Because of the serious environmental and health risk pose by the emission of particulate matter, the Authority considers that your current boiler operations are contravening Article 42 of the Constitution which guarantees everyone a right to clean and healthy environment,” read the report in parts.

The firm had been given the firm 30 days to install an effective air pollution control system at the boiler and provide its performance levels to Nema.

Kibos was also expected to submit a commitment letter to Nema in writing to the effect that they will comply with the Environment Management and Coordination Act (EMCA) as their duty to safeguard and enhance the environment within seven days.

Failure to comply with the restoration order amounts to an offence and a person shall, on conviction, be liable to imprisonment for a term not exceeding 12 months or a fine of Sh500,000 or both.

On the other hand, he pointed out that it is criminal to discharge any dangerous materials, oil mixture into land, air or aquatic environment noting that an offender is liable to a fine not exceeding Sh500,000 or both.

The directive will stall operations at Kibos Sugar, Kibos Power, Kibos Distillers and Kibos Paper and Packaging Limited.

Kibos however has a right of appeal against the restoration order to the National Environmental tribunal if aggrieved by the order.

The move deals a big blow to Kibos just over a month after Court of Appeal in Kisumu revoked a decision by the Environment and Land Court ordering the closure of the Kibos Sugar factory over environmental pollution.

The three-judge bench invalidated a July 2019 verdict against the privately-owned sugar mill by Justice Stephen Kibunjia.

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