The High Court in Nairobi on Friday issued orders stopping the implementation of a Gazette Notice by Agriculture CS Peter Munya that sought to form a National Steering Committee on The Implementation of Tea Reforms in Kenya.
A statement released on Friday said the decision comes after the process was challenged by KTDA lawyer, Benson Millimo.
In a Judicial Review application, the lawyers argued that some of the persons appointed in the committee have publicly pronounced themselves adversely against KTDA; have cases in Court on matters relating to the operations of the company; while others have broken contractual relationships with the Applicant.
The lawyers argued that the said Committee members have not only openly disclosed open bias against KTDA but are also conflicted and unfit to preside over any issues relating to the company.
They also argued that there isn’t an existing law empowering CS Munya to form such a committee; adding that no law grants him power to appropriate public funds vested to the Agricultural Food and Fisheries Authority – as was contained in the Gazette Notice.
”The application had met the threshold of an arguable case and is therefore entitled to the leave sought to commence judicial review proceedings against the Respondent,” Lady Justice Pauline Nyamweya said in her ruling.
She directed that the matter will come up for mention on September 21 for further directions.
CS Peter Munya had on the June 25 Gazetted a Notice appointing an eight-member committee to, among other tasks, evaluate the policy, regulatory and administrative reforms in the Tea Value Chain.
