KENYA: Court orders Uganda minister’s sugar destroyed
Published: 01/27/2012, 12:14:42 PM
Sugar worth millions of shillings belonging to a Ugandan minister was Wednesday destroyed at the Customs warehouse in Mombasa in controversial circumstances, according to Kenya's Nairobi Star newspaper.
While the KES34 million (US$399,764.83) consignment whose value has since shot to KES100 million, was being destroyed under the watchful eyes of several officials, the sugar owners, agents of the Ugandan Minister of Justice and Constitutional Affairs Kahinda Otafiire, claimed the officials were in contempt of court.
There was tension at the warehouse after the first container of the sugar was destroyed, by being mixed with sand and soil by officials who included the Kenya Revenue Authority, Kenya Ports Authority, National Environment Management Authority, Kenya Bureau of Standards among others.
Otafiire's lawyers Japheth Asige andFrancis Mwakireti, had by Wednesday morning served the authorities with documents to confirm that despite a date for destruction being issued in court on December 16 last year, they had 30 days of stay, which meant that the consignment should not have been interfered with.
Otafiire had moved to a Mombasa court claiming the sugar which was imported in 2007 by Semliki Mineral Resources Ltd, was his as he had contributed, through his company, Arua Mercantile, to millions of shillings to ensure it was bought and shipped from Brazil. The sugar is being destroyed after Kebs claimed that it was unfit for human consumption, and Mumias Sugar Company, which had taken to court Semliki for transiting the sugar in the company's gunny bags, infringing on Mumias' trademark. It was argued that only the dates on the gunny bags seemed expired,but the sugar itself was intact.
Wednesday, as the sugar was being destroyed, the lawyers claimed the stay, which was issued on December 16 last year, wasto last up to February 22. "We had even given a notice of appeal against the ruling for destruction, and it was worth noting that December 21 until January 13 were days to be exempted from the stay period, since under the new civil procedure rules, order 50 rule 4, that period is not computed, " Otafire's lawyers said.
It was claimed that despite the authorites being reminded, they had been in contempt of court since they have contravened court orders. By the time of going to press, the second container had been opened for destruction, with the exercise being supervised by Nema law enforcement officer Ben Wemali. The sugar was shipped to Kenya in 2007 and transported in 12,460 bags in 25 containers. The Ugandan minister has since claimed that Kenyan politicians are out to 'steal' the sugar from him and divert it to another market.