Beijing-based Sinohydro Construction Limited has been taken to court to be held answerable for being involved in mining activities without proper documents.
In a petition filed by Patrick Mutuku Munyalo and 39 other Kitui residents(plaintiff), Sinohydro Corporation Limited alongside Mr. Benard Munyalo were accused of operating without proper permission from the National Environment Management Auothority(NEMA).
In his ruling, the chief Magistrate, Kitui, Hon M. Mirage noted that the plaintiff, in their application, had provided enough supporting affidavits and this ruled the case as urgent.
“…restriction orders is hereby issued against the defendant/Respodent by themselves,their agents, servants, employees or any one claiming under them from entering construction , crushing stones, or in any other way interfering with residents of Menzoka community pending inter parties’ hearing of the instant avocation… “ read part of the ruling.
Here is the full veedict:
Speaking on the same, the Yatta/Kwa Vonza MCA, Mbaki Mbaki also accused the corporation of interference and auctioning the community.
“Our DC tried to auction us to the Chinese without proper consultations.
I stopped them (Chinese ) from carrying out any mining at kwa Kilui without license from Nema, public participation.” the MCA said.
The company has had a bad tea of law suits with Garden City owner who had sued them of delayed works on the construction. Sinohydro was to initially complete construction in October 2014, but sought an extension to January before asking for a May 2015 deadline.
This led to Garden City owners’ refusal to grant the Chinese firm another extension in January, a move that witnessed Sinohydro rack up a Sh1.2 billion penalty going by the penalties in the contract that were calculated on a daily basis.