4 days ago
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- Justice Musyoka allowed the farmers to apply for an order of prohibition, prohibiting the Sugar Board from interfering with their contractual or economic rights.
A High Court sitting in Busia has quashed a decision by of the Kenya Sugar Board prohibiting milling companies from purchasing mature sugarcane from farmers.
The court also allowed petitioners to seek urgent conservatory orders staying the decision of the Kenya Sugar Board (KSB) to temporarily close milling operations in the lower and upper western catchment areas for three months.
“THAT leave is granted to the exparte Applicants to apply for an order of mandamus compelling the Kenya Sugar Board to allow and facilitate the harvesting and sale of the Applicant's mature sugarcane to the designated milling company,” Justice William Musyoka directed.
A High Court sitting in Busia has quashed a decision by of the Kenya Sugar Board prohibiting milling companies from purchasing mature sugarcane from farmers.
Justice Musyoka allowed the farmers to apply for an order of prohibition, prohibiting the Sugar Board from interfering with their contractual or economic rights in relation to the harvesting and sale of his mature sugarcane.
Aggrieved by the directive, farmers led by Cleophas Okwara, Peter Manyuru and three others filed a suit seeking a stay on the directive by the Sugar board.
"We expect the KSB to comply with the court order and millers also to immediately resume harvesting our matured canes" said Peter Manyuru, one of the aggrieved farmers and a petitioner in the case.
Farmers have also expressed their displeasure on how the directive.
"We hope the directive by the KSB are not intended to cause an artificial shortage of sugar, so that corrupt and greedy individuals can profit from Sugar importation in the expense of the innocent farmers," added Peter Manyuru.
The farmers decry losses should the directive by the KSB be affected fully.
According to Moses Emudu, the farmers are already in contract with milling companies for the supply of the Sugarcane and the directive will cause a breach of the contracts.
These, they say, was avoidable if there were proper consultations before the directive was issued by KSB.
“…Applicants seek to challenge the impugned decision on the basis that it is arbitrary having been arrived at without the input or consultation of the farmers within the affected region,” petitioners told court.
Farmers have also suggested their inclusion to the sugar board in the next election, to ensure that their needs are taken care of.
