- They were ordered to stop by High Court Judge Dorah Chepkwony in April last year.
Image: FILE
Ugandan-based Sarrai Group officials got a reprieve on Friday after the court of appeal suspended orders that would have seen them sent to jail over the Mumias Sugar Lease case.
Sarbit Singh Rai, Rakesh Kumar and Stephen Kihumba are facing contempt of court charges for continuing with operations of Mumias Sugar Company.
This is despite being ordered to stop by High Court Judge Dorah Chepkwony in April last year.
Sarrai was sentenced to a fine of Sh100,000 and directed to purge the contempt within 15 days whilst Sarbit Singh Rai, Rakesh Bvats and Stephen Kihumba were directed to appear before the court on May 18, 2023.
They were to appear to show cause why they should not be sentenced to jail for contempt of court. Aggrieved, they appealed.
They told Justices Mohammed Warsame, Kathurima M'inoti and Dr Imaana Laibuta that they were found guilty of contempt of court without being accorded an opportunity to be heard.
They argued that it would be impossible to reverse the consequences of their imprisonment if the appeal which they have lodged succeeds.
The Judges in allowing their application said “We are persuaded that, in case of committal to jail for contempt of court, loss of liberty of a citizen is involved, and that a successful appeal may in the circumstances be rendered nugatory because it is not possible to truly reverse the consequences of incarceration if the appeal succeeds.”
“We are satisfied that these issues are not frivolous, and that they deserve to be ventilated and determined by this Court,” they added.
The directive of the appellate judges will remain in force pending the determination of the appeal lodged by Sarrai Group Ltd.
Prior to the orders being issued, Sarrai submitted that its intended appeal was arguable because the Court of Appeal had already suspended the orders of the High Court revoking the lease agreement with Mumias and changing the administrator of Mumias.
In light of that order, Sarrai argued that the High Court exceeded its powers when it purported to find Sarrai, Sarbit Singh Rai, Rakesh Bvats and Stephen Kihumba guilty of contempt of court.
The 20-year lease awarded to Sarrai Group was overturned by High court Judge Alfred Mabeya in April last year but Sarrai subsequently moved to the court of appeal and obtained a temporary order suspending the decision.