The East African Standard (Nairobi)
December 22, 2006
News Article By Tom Mogusu
The National Environment Management Authority (Nema) has ordered BOC Kenya to close down.
But the company defied the directive, warning that it might take the Government agency to court for alleged defamation.
The authority had ordered several businesses closed for failing to adhere to environmental requirements. Other firms affected include Platinum Scraps and Associates, Kabegi Foundkey Works, General Recylce Enterprises, Mumbai Shopping Complex at Nairobi's Majengo and Ilsan Enterprises Ltd.
BOC, the maker of life-saving oxygen used in hospitals, is owned by the Linde Group from Germany. It is the market leader in East Africa, with close to 70 per cent of the market share.
Nema has accused the company of unsuitably discharging excess lime.
The authority further says its attention was triggered after a vehicle carrying lime from the company spilled it near the City Stadium.
"In addition, the company has not complied with several improvement orders issued by Nema. It is therefore required to clean up the spillage at the City Stadium flyover and submit a letter of commitment to the authority accepting to remedy the issues raised," says Nema.
However, BOC Managing Director, Mr John Kariuki, told The Standard that the company had complied with all environmental requirements.
Problems at the oxygen manufacturer started last week after Nema sent the complaints.
The letters, which The Standard obtained, claim the company has failed to comply with the improvement order issued on May16, last year.
Signed by Nema Director General, Dr A Mwinzi, the letters also accused the firm of failing to submit last year's environmental audit.
BOC was given seven days to comply, with a warning that "upon the expiring of the above deadline, Nema will proceed to stop operations of the company without further reference to you at your own cost".
According to Nema, the firm is emitting smoke and discharging used oil into the compound.
Kariuki said the issues raised "were bordering on defamation".
"They came here and inspected the plant, but they did not raise a finger. They gave me time to respond and as far as we are concerned, that time has not elapsed and yet they are demanding to have our company closed down," he said.