The High Court is set to rule on the case in the leasing of Mumias Sugar Company to Sarrai Group.
This comes after the parties involved in the case concluded their submission.
The five farmers disputed Sarrai Group’s win of the Mumias Sugar Company lease, citing a flawed tendering process, marred with improprieties, fraud and corruption.
The five farmers Prisca Ochacha, Robert Magero, Lambert Ochochi, Wycliffe Ng’ong’a and Augustino Saba were represented by their lawyer Kibe Mungai.
According Kibe’s submission, every affidavit by Rai comes with a different version of the truth, appealing to the court to be steadfast in ensuring the public interest is protected.
“The court must stand up for truth and justice,” Kibe said.
Gatwamba Farmers Cooperative through their lawyers Danstan Omari and Macharia argued Sarrai Group operations should go. They opined it has enabled the payment of farmers, payment of school fees and dowry for young people.
The farmers also told the court that farmers are the real beneficiary of the in the liquidation matter and the banks in the case.
West Kenya through their lawyer Paul Muite submitted that the plaintiffs have raised grave issues warranting and injunction.
They also said Sarrai Group is a foreign company based in Uganda that has no known assets in Kenya.
Muite prayed the court to confirm the injunction for the case to be heard.
“We urge you to confirm the injunction and allow the case to be heard on merit,” Muite submitted.
Also representing West Kenya, lawyer Martin Gitonga argued the receiver has no basis for disqualifying the company ahead of receiving the Competition Authority of Kenya (CAK)s full report.
Senior Counsel Kiragu Kimani submitted that a lease is a contract between two entities. He also said the plaintiffs were seeking for additional evidence to strengthen their case by attacking the lease awarding process.
Kimani is representing Rao and Kenya Commercial Bank (KCB).
Sarrai Group is opposed to the case and termed it an abuse of the court process. It also claimed the plaintiffs were forum shopping and are yet to show the losses they will suffer should the court fail to grant the injunction.
The Attorney General’s submission said the matter is of public interest as the issues go beyond the parties in court.
The 10 defendants in the case included Sarrai Group, Kenya Commercial Bank (KCB), Mumias Sugar’s receiver-manager Ponangipalli Venkata Ramana Rao, Attorney General Kariuki Kihara, CS Agriculture Peter Munya, Kakamega County Chief Land Registrar, Capital Markets Authority, Gakwamba Farmers’ Cooperative and Competition Authority of Kenya.