Reprieve for the Ugandan-based Sarrai Group officials after the court of appeal on Friday suspended orders that would have seen them sent to jail over the Mumias Sugar Lease case.
Sarbit Singh Rai, Rakesh Kumar, and Stephen Kihumba are facing contempt of court charges for continuing to operate Mumias Sugar Company despite being ordered to stop by the High Court.
Sarrai was fined Sh100,000 and ordered to pay a Sh100,000 fine within 15 days.
They were to appear to show cause why they should not be sentenced to jail for contempt of court.
They then appealed the High Court’s decision to the Court of Appeal where they told Justices Mohammed Warsame, Kathurima M’inoti, and Dr Imaana Laibuta that they were found guilty of contempt of court without being accorded an opportunity to be heard.
They argued that it would be impossible to reverse the consequences of their imprisonment if the appeal which they have lodged succeeds.
The Judges in allowing their application said “We are persuaded that, in case of committal to jail for contempt of court, loss of liberty of a citizen is involved, and that a successful appeal may in the circumstances be rendered nugatory because it is not possible to truly reverse the consequences of incarceration if the appeal succeeds.”
“We are satisfied that these issues are not frivolous and that they deserve to be ventilated and determined by this Court,” they added.
The directive of the appellate judges will remain in force pending the determination of the appeal lodged by Sarrai Group Ltd.
