Coffee Board of Kenya Monthly Bulletins July 1956

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This is a claim for an injunction and damages based on alleged pollution of the Kiu River, by coffee effluent discharged or escaping from the Defendant's premises. The Plaintiffs are the owners of ' a coffee factory and works situated beside the Kiu River, and draw water for the purposes of their factory from waters of the Kiu River impounded by a dam constructed across that river below their factory. The Defendant firm owns a coffee factory and works situate on the bank of the Kiu River some half mile upstream from the Plaintiffs' dam, and the Plaintiffs allege, in effect, that, owing to the inadequacy of seepage pits existing at the Defendants' works during the 1952/1953 and 1953/1954 coffee seasons, water polluted with coffee effluent was discharged or escaped from the Defendants' premises into the Kiu River and, in due course, led to pollution of the waters of the Plaintiffs' dam to such an extent as to affect the quality of the coffee produced at the Plaintiffs' works. The Plaintiffs' claim for damages, however, has been limited to injury alleged to have been caused by polluted water to four out-turns of coffee produced at the Plaintiffs' factory between approximately the 15th December, 1953 and 7th January, 1954.
Bulletin, p. 177