💧 The Rivers Are Dying: Why Kibos Sugar Must Be Held Accountable

A River Runs Through Us — Until It Doesn’t

Once, the Kibos and Nyamasaria rivers were lifelines for Kisumu County — nourishing crops, sustaining families, and providing clean water.
Today, they flow dark and toxic. Fish have vanished. Fields are barren. Families can no longer use the water that once sustained them.

At the center of this devastation stands Kibos Sugar and Allied Industries Ltd, accused of discharging untreated effluent into these rivers. For years, this pollution continued unchecked, hidden behind industrial walls and legal maneuvering.

The Case That Changed Everything

In 2018, the National Environment Management Authority (NEMA) ordered Kibos Sugar to halt operations for lacking a valid Effluent Discharge License (EDL).
Kibos challenged the decision through Judicial Review No. 11 of 2019 — Republic v NEMA & 2 Others; Kibos Sugar (Interested Party).

In 2020, the High Court affirmed NEMA’s powers under the Environmental Management and Coordination Act (EMCA, 1999). The ruling confirmed Kibos’ violation of Sections 72 and 75, which prohibit pollution without a valid license.

However, while the Court emphasized proportional enforcement, Kibos used that window to delay full accountability — a delay paid for by the rivers, ecosystems, and human health.

The Evidence Is in the Water

Scientific and community reports reveal:

• High BOD and COD levels — lethal to fish and aquatic life

• Acidic pH values, burning soil, and human skin

• Respiratory illnesses and skin rashes among local residents

• Crop failures from irrigation using contaminated water

Laboratory tests from Maseno University and NEMA inspection reports have confirmed these findings. Yet enforcement remains inconsistent, tangled in politics and corporate influence.

This Isn’t Just Pollution — It’s a Violation of Rights

Under Article 42 of the Kenyan Constitution (2010):

“Every person has the right to a clean and healthy environment.”

Article 69(1)(g) obliges the State to eliminate activities that endanger the environment.
When companies like Kibos operate without proper waste treatment or transparency, they violate not only the law but the dignity and health of Kenyans.

What Must Be Done — Now

To restore justice and integrity to our rivers, the following urgent actions are needed:

1. Immediate enforcement of all NEMA closure and compliance orders.

2. Public disclosure of Kibos Sugar’s environmental audits and EDL status.

3. Independent environmental audits of all industrial facilities along rivers.

4. Community compensation for health impacts and economic losses.

5. Empowerment of the National Environment Tribunal (NET) to act swiftly, transparently, and without political interference.

The Time to Act Is Now

The Kibos case is not just about one factory — it is about Kenya’s environmental future.
Will we uphold the Constitution and defend our rivers, or will we allow profit to poison public life?

We cannot drink silence.
We cannot irrigate fear.
We cannot swim in corporate impunity.

The rivers are watching.
So are we.