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UNITED MILLERS LIMITED
V.
KENYA BUREAU OF STANDARDS & 5 ORS.

(2021) JELR 113568 (SC)

Supreme Court 16 Jul 2021 Kenya
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Case Details

Suit Number:PETITION (APPLICATION) NO. 4 OF 2021
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

RULING

A. Introduction

1.Before Court is an application dated 4th March 2021 filed under Rules 31 and 32 of the Supreme Court Rules, 2020. It seeks conservatory orders or in the alternative stay of the Court of Appeal Judgment and orders issued in Civil Appeal No. 273 of 2019 on 29th January 2021, pending the hearing and determination of the substantive appeal before this Court.

B. Background

2.The genesis of this matter is a letter dated 7th September 2018 by the 1st respondent communicating that the applicant’s 29,716 bags of 50kgs Marked Mauritius sugar and 46 bags of 5okgs Marked Thailand sugar had failed the yeast and mold test when tested against the KS EAS 749:2010 Brown Sugar - Specification, and could therefore not be released for sale and was condemned for destruction.

3.Aggrieved by that decision and following grant of leave, the applicant filed Judicial Review Application No. 396 of 2018 seeking to quash the impugned decision. On 13th May 2019, the High Court (Mativo J) dismiss…

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