Details are contained in a suit filed by Landmark Freight Services Limited, the company that imported the sugar, but is now fighting to stop Kebs from destroying the consignment that was seized.
The firm denies allegations that the sugar is unfit for consumption, arguing that it received clearance from Kebs last year to import 511,600, 50kg, bags but in a dramatic turn of events the cargo was seized during the July crackdown.
At least 400,000 bags of Brazilian brown sugar flagged by the Kenya Bureau of Standards (Kebs) over high yeast content have already found their way to shelves.
Details are contained in a suit filed by Landmark Freight Services Limited, the company that imported the sugar, but is now fighting to stop Kebs from destroying the consignment that was seized.
The firm denies allegations that the sugar is unfit for consumption, arguing that it received clearance from Kebs last year to import 511,600, 50kg, bags but in a dramatic turn of events the cargo was seized during the July crackdown.
“The petitioner has since sold over 400,000 bags of the sugar without any qualm from any of the respondents,” says the firm in court papers.
The firm has listed Kebs, Kenya Revenue Authority, the Attorney-General, the Ministry of Trade, and the Directorate of Criminal Investigations as respondents.
The sugar was imported during the exemption period granted by the Treasury last year which ran from May 11 to august 31.
The firm claims that the sugar was inspected at the point of loading by SGC Gulf Limited, a Kebs appointed agent, and issued with clearance certificates.
Kebs is said to have carried out a random microbiology test at Mombasa port which cleared the sugar. KRA also issued its approvals after which the firm went ahead and sold 400,000 bags.
On June 7, a multi-agency team comprising the KRA, Kebs and Ministry of Trade Weight and Measures officials raided the firm’s warehouse and seized the remaining sugar.
The warehouse was closed and the firm was stopped from further dealing in the sugar.
The conflict in the information issued by different agencies raises questions regarding the seized sugar.
The company says that on July 2 it received a letter from the Director Weight and Measures lifting the seizure on condition that proper labelling of the sugar is done.
The letter further indicated that Kebs and KRA too had cleared the sugar.
The firm says armed with the letter, it approached kebs which slapped it with a fresh report indicating that the sugar had higher level of yeast.
The firm is now apprehensive that the sugar might be destroyed and is seeking court orders stopping any destruction.
It want further test to be done by Kebs and to be witnessed by its private expert.
The firm disclosed that other importers have been allowed to refine their sugar, noting that only its sugar has been singled out for destruction.
Interior Cabinet Secretary Fred Matiang’I had in the past revealed that the government is holding about 1.4 million bags of contaminated sugar.
