BUSIA SUGAR INDUSTRIES LIMITED
V.
WEST KENYA SUGAR COMPANY LIMITED & 2 OTHERS

RULING OF THE COURT

1. In its application dated 16^th March 2017, the applicant, Busia Sugar Industries Limited seeks an order of stay of execution of the judgment and decree of the Environment and Land Court at Busia delivered on 10^th March 2017 pending the hearing and determination of its appeal against that judgment.

2. The applicant has constructed a sugar factory in Busia which it says is complete and due to commence testing prior to commissioning. West Kenya Sugar Company Limited, the 1^st respondent, says that the applicant did not undertake an environment impact assessment and neither did it apply for a licence from National Environmental Management Authority, (NEMA) the 3^rd respondent, prior to constructing the factory but was nonetheless fraudulently granted one that was purportedly transferred Africa Polysacks Limited.

3. The 1^st respondent petitioned the Environment and Land Court at Bungoma for declarations that the registration of the applicant as a miller by Agricultural Foo…