Gatundu South Farmers Protest Over Proposed Payment to Lawyers in KTDA Suits

Tea farmers in Gatundu South are up in arms against a plan by the Tea Board of Kenya (TBK) and the Kenya Tea Development Agency (KTDA) to have smallholder tea factories shoulder the legal fees incurred in lawsuits filed by former KTDA directors.

The controversy centers around hundreds of millions of shillings earmarked for lawyers involved in two consolidated constitutional petitions filed in 2020 and 2021.

The disputes in question include a consolidated constitutional petition at the Nairobi High Court, where KTDA Holdings Limited, along with 55 other entities, challenged provisions in the Tea Act 2020.

A second related legal battle involved the Kenya Tea Growers Association and others against the Attorney General and several others. Both cases were set to be withdrawn following a mediation agreement reached on April 2, 2024, which was presided over by TBK Chairman Jacob Kahiu and attended by the involved legal representatives.

While a mediation agreement led to the withdrawal of these cases, a clause within the agreement stipulates that KTDA Holdings, KTDA Management Services Limited, and the smallholder tea factories they manage are to compensate their appointed legal teams.

This arrangement has sparked outrage among farmers who vehemently deny authorizing representation by the lawyers in question. At a recent meeting in Munyu-ini village, Gatundu South, farmers voiced their disapproval.

Led by local MP Gabriel Kagombe, who also serves as a director for Theta and Ndarugu tea factories, the group articulated fears of a corrupt plot to siphon off their earnings through hefty legal fees. Kagombe, vehemently opposing the payment directive, threatened legal action against key figures such as TBK’s Jacob Kahiu and KTDA’s CEO Willy Mutai, as well as the board chairman Enos Njeru, should the plan proceed.

Kagombe emphasized that any decisions regarding the hiring of legal counsel were made unilaterally by previous directors of the KTDA, who should therefore be responsible for the expenses. “We acknowledge the importance of resolving these long-standing legal disputes. However, imposing these unexpected financial burdens on our farmers is unacceptable. Those who engaged the lawyers must be the ones to pay,” he stated.

Echoing Kagombe’s concerns, farmers expressed their dismay, highlighting that they were never consulted about these legal engagements and pointing out the unfairness of depleting their modest incomes for the benefit of a few. They appealed to President William Ruto to step in and protect the interests of the industrious but financially vulnerable tea farmers from exploitative schemes.