•This is the second order being issued to the Mumias sugar lease, the first order was issued late last year by Justice Antony Ndung’u who ordered for the status quo to remain.
•Justice Okwany said she was satisfied that, based on the material provided before the court, the applicants had made out a case for the granting of the interim orders sought.
The court, on Friday, issued fresh orders stopping Ugandan Firm Sarrai Group from proceeding with ongoing works at Mumias Sugar Company for 10 days.
Justice Wilfrida Okwany said the case required halting the activities and actions that have been complained of to enable Sarrai and other respondents to file their responses.
In the case, five farmers had challenged the lease being issued to Sarrai saying it was the lowest bidders.
This is the second order being issued to the Mumias sugar lease, the first order was issued late last year by Justice Antony Ndung’u who ordered for the status quo to remain.
Justice Okwany in her short ruling said she was satisfied that, based on the material provided before the court, the applicants had made out a case for the granting of the interim orders sought.
“The justice of this case would require the court halts the activities and actions that have been complained of by the applicants for a limited period of 10 days to enable respondents to file their responses,” she said.
The court said it had jurisdiction to hear the matter and it would serve the interest of justice to preserve the subject as the court considers all the issues that have been raised.
She said the matter involves the lease of Mumias Sugar and it’s of concern to the public, being it’s the subject of court litigations before various courts including her court.
The farmers had challenged the lease, that it was undertaken in an opaque manner and awarded to the lowest bidder besides lack of transparency in the process.
They raised the issue of lack of regulatory approvals in the lease.
The court said the respondents did not deny that the lease was awarded to Sarrai Group on December 22, nor did they state even in passing that there was compliance with all the legal and regulatory requirements.
Gakwamba Farmers Cooperative Society who claim to be shareholders in Sarrai have asked the court to enjoin them in the matter.
The society said it is a party in two other matters related to the matter before the court
The farmers, through lawyer Danstan Omari, on Friday told the court they have not been joined in the present case even though they are ready to safeguard their interest.
On Tuesday, a Vihiga court issued orders stopping Tumaz and Tumaz Enterprises from interfering with the lease related to Mumias that had been issued to Sarrai.
However, a day later the court set aside the order it had granted to Kakamega county after Tumaz brought to its attention that there was a pending order of status quo before Justice Ndung’u in Nairobi.
There is another case relating to the same lease before Justice Alfred Mabeya
The hearing will be on January 26.
Edited by Kiilu Damaris