The jobs of over 1,000 employees of a food and stationary manufacturing company are at stake after the High Court dismissed a case opposing its closure.
Kenafric Industries Limited (KIL), manufacturers and exporter of sweets, foodstuffs, shoes and stationary had challenged a closure notice by the Nairobi County government over pollution.
The county government had accused the company of failing to comply with National Environment Management Authority (NEMA) rules.
Lady Justice Roselyn Aburili struck out the case by Kenafric for failing to comply with an order that it files all the evidence in court within seven days, from December 4, 2015.
“Legal business can no longer be handled is such a sloppy and careless manner. Some clients must learn at their costs that the consequence of careless and leisurely approach to work must fall on their shoulders,” the judge ruled.
She said the court cannot ignore the consent entered by lawyer Kevin Mogen for Kenafric and Mr Titus Koceyo for Nairobi County on December 4, 2015.
“Failure to comply with the consent rendered the motion as filed highly and fatally incompetent and incapable of being cured by Article 159 of the Constitution, which stipulates that justice shall be administered without undue regard to procedural technicalities,” Justice Aburili observed.
Kenafric had denied the allegation by the county government that it is polluting the environment saying all Nema rules have been complied with.
“We have set up an Xirowet effluent treating plant, which has had its discharges examined by the Nairobi Water and Sewerage Company and it has been confirmed to meet all the health and environmental standards,” Mr Ketan Shah states in an affidavit filed in court.
Mr Shah further states that they annually apply to Nema to conduct an impact assessment of their operations to ensure “they comply with various legislations.”
“Besides the Nema, assessment we have contracted highly sophisticated scientific measures to undertake evaluation of effluent to ensure that the discharges are environment-friendly,” he stated.