Tea farmers want KTDA back in regulations case

A group of farmers has objected to the withdrawal of KTDA an as interested party in a petition filed by the East African Tea Trade Association opposing the implementation of the tea regulations.

EATTA filed the case in August this year, listing Agriculture CS Peter Munya, Agriculture and Food Authority and the Attorney General as the respondents, and KTDA as an interested party.

The association said the regulations gazetted by Munya in May were too rigid and would reverse the gains achieved in the tea sector if implemented.

EATTA said Munya gave the public only 15 days to review the regulations in April before gazetting them, at a time when the country was grappling with Covid-19.

Consequently, Mombasa High Court judge Njoki Mwangi suspended the implementation of the regulations until the case was heard and determined.

But in October, the judge issued an order restraining Kenya Tea Development Agency (KTDA) from conducting nominations and elections of tea factory directors pending the hearing and determination of an application by Attorney General Kihara Kariuki.

The AG wanted the elections stopped pending the hearing and determination of his cross petition against the petition filed by EATTA.

The case was also consolidated with another case filed by KTDA in Nairobi seeking to stop the Steering Committee on the Implementation of Tea Reforms in Kenya from  meeting and implementing the new regulations.

Last month, KTDA circulated an internal memo that indicated that directors’ elections would be held on various dates from December 4.

But the farmers who are listed as the second and 23rd interested parties in the petition said the notice by EATTA to withdraw KTDA, which it had cited as an interested party, was null and void.

Through their lawyer Patrick Ngunjiri, the farmers said the parties in the petition were not heard on the issue as provided for in the constitution.

Ngunjiri said the withdrawal was meant to undermine and subvert the the rule of law and the authority of the court, and to defeat an existing court order.

He said the petition involves matters of public interest and cannot be withdrawn at the petitioner’s sole discretion.

“On October 27, the court issued a conservatory order injucting the KTDA from conducting elections for all the tea factories. The said order has been extended on three instances in the presence of KTDA’s counsel, including on November 26 when it was extended to December 3”.

“It is therefore blatantly clear that the first interested party is hell bent to undermine the authority of this honorable court by proceeding to conduct the elections,” the lawyer said.

The withdrawal of the petition against KTDA as the first interested party, he said, was only meant to allow it to conduct elections under the present regime contrary to the orders of the court.

 Ngunjiri said the notice of withdrawal was an abuse of the court process and only meant to undermine the authority of the court.

Justice Anthony Mrima invited submissions by all parties on whether KTDA lawfully withdrew from the EATTA petition and whether it is bound by the orders stopping elections. 

He also directed the parties to file their submissions on the disposal of two applications filed by the AG stopping tea directors’ elections and seeking appointment of three judges to hear and determine the petitions, and a third one by Munya seeking to punish KTDA Management Services for contempt of court for proceeding to hold elections against a court order. 

The judge will give his directions on the issues on the December 17 before which the orders stopping elections remain in force.

Last Monday, the AG filed another application seeking to quash orders issued to halt the implementation of the tea regulations saying they have passed through the National Assembly and await Senate's approval.

The case was scheduled for a mention on December 7.