Murang’a County has opposed an application by KTDA to have three judges hear a suit against the tea agency.
The county government, through its lawyer Charles Njenga, said KTDA had not demonstrated that a single judge would be unable to competently hear and determine the case.
KTDA had on October 28 applied to have the case heard by a panel of judges appointed by the Chief Justice, citing the gravity and peculiarity of the issues raised in the petition.
The county wants KTDA's accounts audited, but the agency protests saying the Auditor General can only audit state bodies.
KTDA had also applied to have the petition merged with another one filed by Kericho Governor Paul Chepkwony seeking to have over 400,000 small scale farmers in the region compensated by the agency over alleged exploitation.
The agency noted that Murang’a County is an interested party in the case and that the issues raised in both were similar.
But Njenga dismissed the application saying the issues raised by the agency did not provide sufficient grounds for the case not to be heard by a single judge.
He said submissions by the respondent’s lawyer Fred Ngatia that the case would take a long time to determine was not a reason enough for the case to be referred to a bench of judges.
“It is my submission that this matter can be heard by a single judge. There is no reason to refer it as long as the determination is based on the law,” he said.
Fred Ngatia, who represented the agency, had earlier told the court a similar petition filed by Kericho Governor Chepkwony in 2014 had been referred to a three judge bench constituted by the Chief Justice and that similar treatment should be accorded to the Murang’a petition, which, he said, is more complicated.
Ngatia told Justice Kanyi Kimondo that the Murang’a petition would have far reaching consequences as it would affect tea farmers countrywide.
The judge scheduled the matter for a ruling on January 16 next year.
