When the High Court in Nyeri ruled that former Tetu Farmers Cooperative Society workers get paid their salary arrears and other benefits, they were upbeat their 17-year-wait for their cash was over.
That was, however, not the case as they are still waiting for their money four years later.
Samuel Ndung’u, who is their spokesman, said their woes started in 1999, when members of the cooperative resolved it be liquidated.
The society was disbanded and the 18 factories affiliated to the giant cooperative became independent. They were Giakanja, Kagumo, Gachatha, Gakoe, Kamuyu, Kiandu, Chorong’i, Wachuri, Gathaiti, Thiriku, Kihuyo, Nyaithee, Kigwandi, Mung’aria, Muthua-ini, Kaiguri, Ithekahuno and Kangaita.
The society straddled Tetu and Nyeri town constituencies and its headquarters were at Ruring’u in Nyeri town.
The disbandment rendered the staffers jobless, and they effectively started their 20-year journey of claiming their arrears and benefits.
They were neither absorbed by the newly formed coffee factories nor were their salary arrears and other benefits settled.
“We moved to court after being taken round in circles and getting frustrated,” Ndung’u said.
The case was filed by Githaiga Gachungwa, Winfred Wangechi and Samuel Ndung’u on behalf of themselves and others.
In the case, they sued the commissioner for cooperatives, the liquidators and the Attorney General.
The matter was heard and the court ruled that the commissioner of cooperatives, who had sought the services of a liquidator, pays them.
“This judgment was not challenged and therefore those concerned should obey court orders being government institutions,” Ndung’u said.
The payments were to be effected from March 1, 2018, failure to which interest at court’s rate were to be payable thereon from the date of filing to full payment.
The court ordered the commissioner of cooperative and the liquidator to jointly disburse their salaries and terminal benefits of Sh27.7 million.
They had expected that the ruling by Judge Byram Ongaya of the Employment and Labour Relations Court on 24 November, 2017 was the end of the 17 years of suffering.
“But three years later, the defendants have never honoured the outcome of the judgment and neither have they expressed any intention to pay,” they said.
The amount is now subject to interest from the filling of the case on April 8, 2009 until full payment is done. As of now, the 399 former employees are demanding Sh90 million.
Ndung’u says most of the employees have died, some are ailing, while others live in abject poverty.
The farmers are now calling for the intervention of Agriculture and Cooperatives CS Peter Munya and President Uhuru Kenyatta for justice to be served.
“Surely, it is over 20 years since the process of liquidation of Tetu FCS started and almost four years since a court ruled in our favour but it has been a long journey of waiting and endless trips to courts. We have reached our tethers and hence our appeal and plea,” Ndung’u writes in one of their letters to various government offices.
Winfred Wangechi, a former employee, says they have unsuccessfully sought help from various offices.
“It pains that, though we won the case, we have not been paid our money 20 years later. Our children dropped out of school while old age is quickly catching up with us,” Wangechi said.
“The county government has been telling us to be patient as they look into our issues.”
Patrick Mwangi, who worked at Ithe Kahuno Coffee Factory, said they had hoped that they would be paid within fives years but their patience is running out.
He wonders why they are not being paid yet the factories they worked for are still in existence and operational.
