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KENYA BUREAU OF STANDARDS V. KWALE INTERNATIONAL SUGAR COMPANY LIMITED & 4 ORS

(2022) JELR 113996 (CA)

Court of Appeal  •  Civil Appeal 2 of 2020  •  29 Jul 2022  •  Kenya

Coram
P Nyamweya, JA SG Kairu, JA JW Lessit, JA

Judgement

JUDGMENT

  1. The Kenya Bureau of Standards (KEBS), the Appellant herein, seeks to overturn the decision made by the High Court at Mombasa (E.K. Ogola J.) on a petition filed by Kwale International Sugar Company Limited, the 1st Respondent herein. To appreciate the grounds of this appeal, it is necessary to give a procedural history of the matter in the High Court. The 1st Respondent’s claim in the subject petition, being Mombasa Constitutional Petition No. 226 of 2018 dated 18th September 2018, was that on 25th June 2018, a multi-agency team made up of the Appellant and 3rd and 4th Respondents raided and sealed off its factory and warehouse at Ramisi in Kwale County without any notice; impounded and sealed its lorries that had been loaded with sugar; and proceeded to sample the sugar in the warehouse. Further, that these actions were undertaken despite random sampling of the sugar undertaken on November 2018 (sic) and March 2018 having found the same sugar to be compliant with KEBS standar…

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