Tea firm escalates land fight with farmers co-operative to appeal court
Squatters who invaded a tea estate belonging to the Eastern Produce tea company of Kenya (EPK) and started harvesting tea claiming the land belonged to the Kimasas Farmers Cooperative Society. PHOTO | TOM MATOKE | NMG
Eastern Produce Kenya (EPK) Ltd has escalated a fight over a parcel of land with members of a cooperative society in Nandi to the Court of Appeal after its tea estate was invaded by members last week.
The matter was certified as urgent by the duty judge following an application by EPK that the company risked losing the land and developments on it without the court intervening.
Through senior counsel Fred Ojiambo, EPK argued that members of the Kimasas Farmers’ Co-operative Society might take steps and ensure the decision of the National Land Commission (NLC) is implemented to its detriment.
The NLC ruled in 2019 that EPK gifted the members the land but the company challenged the decision, arguing that it was not given a fair hearing.
“It is in the interest of justice that this application be heard during the current court vacation to forestall any detrimental action by the 2nd respondent before the hearing of the appeal,” he said.
Mr Ojiambo submitted the members will interfere with the property and render the intended appeal useless and if the title deed is revoked, the company will suffer damages.
The company said it purchases and processes green leaf from approximately 10,000 registered smallholder farmers.
Further, the tea estate employs more than 500 employees and there is a high risk that the workers will lose their jobs if the recommendation of the NLC is implemented.
EPK had challenged the NLC’s decision before the Environment and Land Court but in a judgment on April 20, Justice Oscar Angote dismissed the case.
The company filed an application before the Land Court in Kapsabet, seeking an extension of time to challenge the NLC decision made in 2019, but it was rejected on July 31.
