Economy

KTDA accused of blocking key evidence in suit

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Prof Paul Chepkwony, Kericho governor has accused KTDA of price-fixing. PHOTO | FILE

Small -scale tea farmers have accused the Kenya Tea Development Agency (KTDA) of using a suit filed in the High Court to block another case in which Kericho governor Paul Chepkwony has accused it of price-fixing.

Over 1,000 farmers on Thursday filed an application seeking to join a suit KTDA filed in a bid to quash a damning Competition Authority of Kenya status report on the tea industry.

The farmers have cited the report as part of their evidence in the Sh93 billion suit filed by Prof Chepkwony at the Kericho High Court.

Prof Chepkwony based his suit on another report by the Tea Directorate, which accused KTDA of colluding with big market players to control prices and buy small holders’ green leaf at extremely low prices, to the farmers’ detriment.

He argues that farmers have lost Sh93 billion as a result of what he termed as KTDA’s collusion.

Last week, KTDA sued CAK over the report, saying the watchdog tricked its officials to obtain confidential information used to compile it. It adds that some of the findings are inaccurate.

“KTDA wants to attack the proceedings in Kericho using this case. By seeking court orders from this court, to quash this report KTDA is merely trying to deny small -scale farmers key evidence. The small-scale farmers’ petition is heavily reliant on the report by CAK,” the farmers’ said.

READ: KTDA denies claims of price manipulation with tea brokers

The agency has asked the court not to admit the farmers into the case, arguing that they are not parties to the Kericho case hence have no standing in the suit against CAK.

Over 5,000 farmers are seeking to join Prof Chepkwony’s case, but are yet to be admitted to the case which will be heard in June.

KTDA further argues that the report was not annexed as evidence when Mr Chepkwony filed the case, hence cannot be said to be crucial to the Sh93 billion case.

But the farmers maintain that they did not know of the report when the Kericho governor moved to court on their behalf.

CAK, represented by Attorney- General Githu Muigai, is yet to respond to the suit. Justice Weldon Korir granted the A-G until Monday to respond.