Sarrai Group to know its fate in contempt of court case in December
Uganda-based Sarrai Group now has until December 15, 2022 to know its fate in contempt of court case file against it.
The firm is accused of operating in Mumias Sugar despite a court order in April directing the company managers and its staff to cease operation in the sugar miller.
Lady Justice Wilfrida Okwany set the date on Wednesday, September 7, after receiving contempt of court submissions by petitioner’s lawyer Jackline Kimeto.
In the case, the petitioner is accusing Sarrai Group of operating in Mumias under the protection of local politicians.
“I am aware that the contemnors have opted to hide behind inflammatory pronouncements of politicians in the hope that they will protect them,” the advocate said in the court document.
In July 28, Justice Okwany directed that Rai Cement personnel, an affiliate of the Sarrai Group, should not set foot at the miller premises until the case lodged in court on is heard and determined.
“Pending the hearing and determination of this application, Sarrai Group Limited, its directors, agents, employees, servants, subsidiaries and other affiliates including Mumias Sugar (2021) Limited, Rai Cement Limited be ordered to cease and desist any activity and all activities including the operation of machinery, dismantling, vandalism of machinery, removal of assets, or any other activity of whatever nature stored and situated within the premises of Mumias Sugar Limited,” Justice Wilfrida Okwany ruled.
The court further upheld its judgement issued on April 14, 2022 that nullified lease granted to Sarrai Group on December 22, 2021.
“This court issue order restraining Sarrai Group from and its aforementioned agents or any other agents from commencing, continuing, or undertaking any activity under the lease dated 22nd December, 2021,” the judge stated.
The court also ordered the company to return all the assets belong to Mumias Sugar Company and directed police in Mumias to facilitate it.
“The Officer Commanding Mumias Sugar Police Station be and is hereby ordered to facilitate the safe return of all vandalized and looted assets of Mumias Sugar in accordance with these orders,” the judge added.
During the hearing, Khaminwa and Khaminwa Advocates through lawyer Jackline Chepkemoi Kimeto had accused Sarrai Group of not obeying the court order that stopped it from operating the sugar miller.
“The continuing contempt of the court orders by the contemnors scandalizes and lowers the judicial authority and the dignity of the court.
“It is essential for the maintenance of the rule of law and order that the authority and the dignity of the Courts of the Republic of Kenya is upheld at all times and the contemnors blatant disobedience of the orders of the court ought not to be countenanced,” the lawyer said during her submissions.
The Uganda-based company did not appeal a court ruling that stop it from operating the sugar miller.
During the hearing, the petitioner presented photo evidence that show Sarrai Group personnel transporting equipment belonging to Mumias Sugar Company.
The photos presented also showed vandalized equipment, which the lawyer noted was wasting away.