1,000 jobs at stake as Kenafric faces closure
Workers sort sweets at the Kenafric Industries factory in Baba Dogo, Nairobi, on October 5, 2012. The High Court has dismissed a case seeking to stop the company's closure over pollution. FILE PHOTO | DIANA NGILA | NATION MEDIA GROUP
What you need to know:
- Company accused of failing to comply with Nema rules.
- Kenafric had denied the allegation by the county government that it is polluting the environment.
The jobs of more than 1,000 employees of a food and stationery manufacturing company are at stake after the High Court dismissed a case opposing its closure.
Kenafric Industries Limited (KIL), makers and exporters of sweets, food items, shoes and stationery, had challenged a closure notice issued by the Nairobi County government over pollution.
County officials had accused the company of failing to comply with National Environment Management Authority (Nema) rules.
Justice Roselyn Aburili struck out the Kenafric case, saying the company had failed to comply with an order that it file its 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 a careless and leisurely approach to work must fall on their shoulders,” the judge ruled.
NEMA
She said the court cannot ignore the consent entered on December 4, 2015 by Kenafric lawyer Kevin Mogen and Titus Koceyo, representing Nairobi County.
“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 county's allegation that it is polluting the environment, saying all Nema rules have been followed.
“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,” Ketan Shah states in an affidavit filed in court.
Mr Shah further states that the company applies to Nema annually for 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.
