The High Court has quashed a gazette notice by Agriculture Cabinet Secretary Peter Munya of the appointment of an eight-member steering committee to implement reforms in the tea sector.
According to Justice Pauline Nyamweya, Munya did not follow procedure in appointing the committee members since he failed to engage the public or consult stakeholders.
The judge said it was necessary to pronounce herself in the event that Munya opts to appoint the team afresh.
The decision comes nearly two years after the expiry of the committee’s term which was to last for four months from June 25, 2020.
The committee was to be chaired by tea broker Jacob Kamau Kihiu. Other members were Irungu Nyakera (former PS), former MP Langat Magerer, Fredrick Muriithi, Nation Media Group editor John Kamau, former Tea Board of Kenya director David Chomba Gachoki, Catherine Nyamboke Mogeni and Wanja Michuki.
On July 10, 2020, Justice Nyamweya issued orders temporarily suspending Munya’s formation of the team following a suit filed by the Kenya Tea Development Agency (KTDA) Holdings.
KTDA lawyer Benson Milimo claimed that some members of the team had publicly displayed bias against it, and that there was no public participation before their appointment.
“It is necessary at this point that the legality of the impugned gazette notice is still a live issue that requires to be considered, since there still exists the possibility of reviving the committee,” Justice Nyamweya said.
“In this respect, KTDA and East African Tea Trade Association (EATTA) have indicated that the said gazette notice did affect them as key stakeholders in the tea sector, and Munya did not demonstrate any consultation or public participation undertaken on the appointment of the impugned committee in this regard as required by the Crops Act and Constitution. The said gazette notice is thus found to have been irregular and illegal to this extent,” she added.
Munya, the Agriculture and Food Authority and the committee members said KTDA’s case was based on mere suspicions. There was no evidence to show that the team would act in a biased manner, they said.
The CS had pushed for reforms in the sector to fix the paradox that was poor farmers making losses despite billions being paid for Kenyan tea by some of the biggest firms and agencies in the global industry.
Farmers have now suffered a major blow after the court decision since the implementation of the reforms was to ensure they earn more for their produce.
The farmers wanted the reform to be hastened so as to increase their monthly pay from Sh16 per kilogramme to 50 per cent of their total deliveries to their respective factories which will not happen.
The farmers resolved not to hold directors’ elections until the reforms are implemented.