Senate seeks to join KTDA suit on directors’ dispute

The Senate wants to join a court battle that pits the ejected directors of the Kenya Tea Development Agency (KTDA) against their successors, who took office two months ago in State-backed reforms.

Through lawyer Job Wambulwa, the Senate says it has stake in the dispute because it relates to a law (Tea Act No. 23 of 2020) passed by the Senators last year. The law was a brainchild of Kericho Senator Aaron Cheruiyot.

"The tea reforms law emerged from the Senate. We want to be enjoined because our participation is important given that one aspect of the dispute relate to constitutionality of the law," lawyer Wambulwa told court on Friday.

However, the court told him to make the joinder application once the three-judge bench has been reconstituted following recusal of judge Weldon Korir, who disqualified himself from the case saying he is known to some of the ejected and current KTDA directors.

The court dispute pits the ejected team of directors led by Nyeri-born tycoon Peter Kanyago against the newly-elected team led by chairman David Ichoho Muni.

"The former and current directors are persons known to me. The issue to be determined by court is whether the elections that brought the current team to office were lawful. The outcome of the case will affect both sides," explained Justice Korir while quitting the case.

The court dispute involves eight cases which have been divided into two clusters.

One cluster, which contains five consolidated cases, relate to petitions that are challenging the constitutionality of various Sections of the Tea Act, No. 23 of 2020 and the constitutionality of The Crops (Tea Industry) Regulations, 2020.

The other set has three cases touching on the ownership, management and operations of Kenya Tea Development Agency (KTDA) and its subsidiaries.

In the court filings, the Cabinet Secretary for Agriculture Peter Munya contends that it is in the public interest that the Tea Act, 2020 is implemented.

He says objects of the Act is to make sure that the tea farmers get maximum profits.

"Over the years the tea farmer shouldered the cost burden of production and sale of tea while benefits are taken by middle men and brokers," says Mr Munya.

He cites Section 34 of the Act, which he says arose from outcry by tea farmers regarding the unconscionable nature of agreements signed by their factories and KTDA - as a management agent.