BY SAM ALFAN.
The High Court has declined to hear a case challenging the privatization of five sugar companies in Western Kenya.
Justice Edward Muriithi said it was premature to make any orders on the privatization of Nzoia, South Nyanza, Chemelil, Muhoroni and Miwani sugar companies.
“Accordingly as the mechanisms for alternative dispute resolutions between the national and county governments as ordained by the constitution have not been exhausted, I find that the proceedings before the court are premature,” court ruled.
The ruling read on behalf of justice Muriithi by justice Chacha Mwita also said that the court cannot be asked to resolve the dispute adding that it would be usurping the prior jurisdiction of the organs of the Intergovernmental relations Act, through which the governments shall make every reasonable effort to settle the dispute.
The judge said that the alternative dispute resolution efforts ended at a second meeting at which it was greed that the matter should be referred to the appropriate intergovernmental Relations Committee. Following the2nd meeting which took place on 5thFebruary 2016 the petitioners moved to court in May 2016 before any further attempts at amicable settlement in accordance with Article 189 of the Constitution and the Intergovernmental Relations Act.
In the case Kisumu Governor Anyang Nyongo and former Gem MP Jakoyo Midiwo had moved to court claiming the sale process was being conducted illegally.
The two legislators also claimed that the privatization commission ignored mandatory and material procedure and conditions prescribed for the privatization process of the subject companies, while issues raised by cane farmers had not been addressed.
Accordingly for the said reasons the court strikes out the petitions and the Judicial Review proceedings consolidated before it.