In a ruling made on Tuesday evening, the judge said interim orders will stay in place until March 14, when the matter comes up for hearing/FILE NAIROBI, Kenya, Jan 26 – The High Court has extended orders barring Ugandan company, Sarrai Group, from taking over operations of Mumias Sugar Company pending the determination of the petition filed by five cane farmers.
In a ruling made on Tuesday evening, the judge said interim orders will stay in place until March 14, when the matter comes up for hearing.
Dismissing an application to lift the orders stopping Sarrai Group Ltd from continuing to run operations of the debt-ridden mill, Justice Wilfrida Okwany said the case by five applicants was urgent “and worthy of the orders to protect the subject matter”.
The farmers — Lambert Ochochi, Augustino Saba, Prisca Ochacha, Robert Magero and Wycliffe Ng’ong’a — filed the suit against the statutory manager, PV Rao (KCB’s receiver manager), KCB, Attorney General Kihara Kariuki, the Agriculture Cabinet Secretary, the Competition Authority of Kenya, Sarrai Group Ltd, the Chief Land Registrar, the County Government of Kakamega, the Capital Markets Authority and Gakwamba Farmers’ Cooperative.
Lawyer James Orengo representing the County Government of Kakamega, protested the six-week window given to the five farmers and shareholders to prepare for the trial as too long.
Besides the farmers being given time to respond to evidence by 10 defendants, Justice Okwany allowed West Kenya Sugar Company Ltd, through Senior Counsel Paul Muite and lawyer Martin Gitonga, to join the suit.
This is the third time Sarrai Group is being dealt a blow after the High Court stopped it from taking over operations of Mumias Sugar.
On January 14, Justice Wilfrida Okwany of the High Court Nairobi noted that the case required halting the activities and actions that have been complained of in order to enable Sarrai and other respondents to file their responses.
Justice Okwany’s orders came barely a day after a Kakamega High Court set aside an order allowing Sarrai Group to proceed with works at Mumias Sugar Company, in a petition by Kakamega County Government.
The order which vacated an earlier directive was made by Justice William Musyoka, after Tumaz brought to the attention of the court that there was a pending order issued by Justice Ndung’u on December 29, 2021 at High Court in Nairobi barring Sarrai from going on with works at the company.
Justice William Musyoka, while lifting the order, stated that […]