Judges dismissed the application saying it lacked merit, accusing the directors of making multiple applications to delay the dispute in court.
The directors had sought to overturn a High Court judgment of February that found them guilty of contempt.
The six directors were found guilty of contempt for interfering with the leadership and management of the 8,000-member Kiru Tea Factory in Murang’a.
The Court of Appeal on Thursday dismissed an application by six directors of the Kenya Tea Development Agency (KTDA) to be spared jail terms and fines after being found guilty of contempt.
Justices William Ouko, Fatuma Sichale and Otieno-Odek dismissed the application saying it lacked merit, accusing the directors of making multiple applications to delay the dispute in court.
The court at the same time directed the six, including KTDA managing director Lorioka Tiampati and company secretary Kennedy Omanga, to appear before them on April 4 for sentencing. “We note that the parties have taken deliberate steps to file application upon application in this matter whose practical consequence is to delay, derail and or scuttle substantive determination and conclusion of contempt proceedings,” the court said. The judges warned that they will not entertain manifold applications that delay substantive hearing of cases and applications on merit.
The directors had sought to overturn a High Court judgment of February that found them guilty of contempt.
“The applicants have not demonstrated that there is new and fresh evidence or points of law that would warrant rescission of the impugned ruling of this court dated February 22, 2017,” the court said.
They were to be sentenced yesterday but their lawyer Waweru Gatonye said the directors were not in court. He also said each director including Stephen Githiga and Eston Gakunju needs to file an affidavit as part of their mitigation.
Kiru Tea Factory
The six directors were found guilty of contempt for interfering with the leadership and management of the 8,000-member Kiru Tea Factory in Murang’a.
The court found them guilty after proceeding with an election that had been stopped.
Dr Omanga was accused of convening an illegal AGM, yet he had ceased being a company secretary.
The tea factory has been plagued by incessant fights, with a group led by Mr Chege Kirundi and vice-chairman John Ngari Kariri and auditor Christopher Mwangi accusing their rivals of trying to paralyse the operations of the firm at the behest of powerful individuals who are seeking to control the tea industry in the region.
They accused KTDA directors of orchestrating the removal of Mr Kirundi and company secretary Bernard Kiragu on November 27, 2017, against express court orders.
Mr Kirundi and his group had obtained an injunction blocking the Kenya Tea Development Agency Holdings Ltd (KTDA-HL) and Kenya Tea Development Agency Management Services from interfering with the leadership of the factory.
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