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KTDA directors ousted in sweeping reforms in the tea sector last year have not been reinstated by court as claimed

“Reports that former Directors will be taking over the factories are without legal backing and should be treated with the contempt that they deserve,” said KTDA lawyer Patrick Ngunjiri.

Fresh controversy in brewing in the tea sector following claims that Kenya Tea Development Agency (KTDA) directors ousted last year when sweeping reforms were effected had been reinstated by the Court.

The KTDA lawyer Ngunjiri dismissed as false that the directors had been reinstated and would be taking over factories saying the cases they filed have been heard and determined.

In a statement to the 650 tea growers across the country and the current directors Ngunjiri gave the status of the cases and the industry at large.

“I have received numerous concerns from small holder farmers and TFC Directors across the country in regard to the litigation presently on going in our courts. I am well versed with these cases, and I wish to volunteer the information herein under.

The current status of litigation at the Court of Appeal is as follows. On the 22nd of July 2022, the Court of Appeal of Kenya( Makhandia, M’Inoti, Kantai JJAs) in CA. No. E143 of 2022 issued orders staying the Hearing of all three consolidated petitions before three Judge bench of the High Court. The stay is to last until the hearing and determination of the Appeal.

The Court ordered that the Appeal be fixed for hearing on priority basis. The Appeal has not been allocated a hearing date as at today.

This means that the challenge raised by the former Directors as to the legality of the elections held in 2021 has not been heard and determined. It also means that there will be no changes of directorship at the Tea factories or KTDA Head office until this appeal and thereafter the consolidated petitions are heard and determined.

Reports that former Directors will be taking over the factories are without legal backing and should be treated with the contempt that they deserve.

Let us all protect and safeguard the gains that we made as a consequence of the tea sector reforms within the concept of the rule of law,” said Ngunjiri.

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