The High Court has declined an application seeking the formation of a three- judge bench in the matter challenging a Mumias Sugar company's lease to a Ugandan firm, Sarrai Group.

In his ruling, Justice Alfred Mabeya declined the application saying that the matter is a simple commercial proceeding and allowing a three-judge bench will be a waste of judicial resources.

Mabeya also said it will not require three heads to discern the matter.

In a hearing thereafter, Lawyer Mungai Kibe, who is representing the farmers, established that Sarrai Group will not be able to keep Mumias Sugar Company afloat if awarded the tender.

"Mumias would go the way of other companies that have not survived receivership," Kibe stated.

Kibe further told the court that the Mumias Sugar Company debt should be cleared as soon as possible.

According to him, it would take Sarrai Group at least 12 years to clear the debt and West Kenya 8 months.

Kibe also clarified that upon signing the lease, the winning company was required to pay six months upfront.

Sarrai was supposed to pay Sh120 million, but they paid Sh60 million.

On the other hand, West Kenya, would have paid Sh900 million if they had been awarded the lease.

The petitioner's lawyer went ahead and faulted the receiver manager, Ponangipalli Venkata Ramana and KBC for awarding Sarrai Group the Mumias lease.

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