The Independent Electoral Commission has defended the clearance of John Chebochok, who was accused of sexual exploitation, to run for the Kenya Tea Development Agency zonal director Tegat/Toror Tea Factory.
The electoral agency said that Mr Chebochok presented all required documents and was cleared by the police. This comes after pressure mounted on Mr Chebochok to quit.
The chances of his being sworn into office as Tegat/Toror tea factory director in Kericho county, in over a week’s time appears to be diminishing with pressure from various stakeholders, international tea buyers, Non-Governmental Organizations and women leaders to have him removed.
Pressure is piling up on KTDA and IEBC to revoke the election on the grounds of Chapter Six of the Constitution, 2010 on leadership and integrity which stakeholders claim Mr Chebochok does not meet.
The tea agency that manages the factories stated that even after the controversial election, he will still have to go through a process where shareholders will decide his fate.
“The shareholders of the factory (Tegat/Toror) will have to make a final decision at a special general meeting on whether to accept him as a factory director or not,” KTDA said in a statement.
It stated that the role played by IEBC included vetting the candidates, receipt of nomination papers, printing of ballots, voting and tallying of results.
The matter has generated a lot of public interest with two major tea buyers – Liptons Teas and Infusions, and James Finlays – suspending purchase of tea from the factory.
Federal of Women Lawyers (FIDA) Kenya, The Coalition Against Sexual Violence (CASV), The Women in Tea Value Chain Association and women leaders from the South Rift led by Ms Lilah Siele have expressed their objection and anger over the clearance of Mr Chebochok as a candidate and subsequent election by farmers.
Mr Chebochok’s tribulations started with a BBC expose in February, 2023 where he was captured in an underground video recording allegedly attempting to sexually prey on workers and jobseekers at a multinational tea company in exchange of allocation of light duties, increased pay and employment.
He was among managers and supervisors who were captured in the expose and who were subsequently suspended from their workstation. Mr Chebochok, who was a contractor at James Finlays Kenya had the services offered by his company terminated as a result.
Mr Chebochok has repeatedly declined attempts by journalists to get a comment from him on the matter.
KTDA appears to have thrown him under the bus with the position that IEBC had cleared him despite issues raised over his candidature.
On June 24, 2024, the Tea Board of Kenya (TBK) Chief Executive Officer Willy Mutai expressed concerns on his clearance in a letter to IEBC CEO Hussein Marjan highlighting the potential negative repercussions on the global market for Kenyan tea.
Mr Mutai informed IEBC that the Articles of Association of Tegat Tea Factory Company Limited, under which Toror tea factory falls under demands of a director to be of good standing in the society, which Mr Chebochok’s candidature allegedly violated.
Mr Bruno Laine, the Lipton Teas and Infusion Chief Supply Chain Officer has announced the company’s suspension of purchase of tea from Tegat/Toror factory with immediate effect.
Lipton stated that allowing Mr Chebochok, to “stand for and subsequently win election undermines His Excellency President William Ruto’s ambition for Kenyan tea to be recognized worldwide as a mark of quality”
“Our joint work with the (Kenya) government and shared interest in the success of “Kenya Origin” tea as seen to symbolize sustainable quality, means it is imperative that the tea sector in Kenya upholds the highest standards of ethics and social responsibility in the global market” Laine stated in the letter dated July 1, 2024.
Mr Ben Woolf, the Jame Finlay’s Global Corporate Affairs Director also confirmed the firm had suspended purchase of tea from the factory until Mr Chebochok’s election is revoked.
“Critically, allowing Mr Chebochok to hold a position of authority in KTDA serves to counteract the excellent work being done by many stakeholders across Kenya and globally to tackle the issue of sexual and gender based violence on tea farms” Mr Woolf stated.
“We call upon all our tea buyers, stakeholders, and partners to allow us to work with all the concerned players and authorities to resolve concerns raised regarding his (Chebochok’s) nomination due to the legal and procedural complexities” KTDA stated.
Ms Lilah Siele, a women leader, said KTDA should take immediate steps to restore integrity and trust among employees, stakeholders and global buyers of Kenyan-made tea.
Ms Siele said “the fact that IEBC disregarded the advice from KTDA on the need to knock out Mr Chebochok’s candidature from the clearance stage compromises the integrity of the commission. Someone should take responsibility for the action”
"IEBC in its action and disregard of petitions has tainted its image, especially on adherence to the law in what makes it appear to abet crime and flouting of the law" Ms Siele said.
“The clearance and subsequent election of the candidate who is waiting to be sworn into office for a three year period greatly undermines the integrity of the tea sector and Kenya tea in the global market. There is a need for immediate action to rectify the situation and safeguard Kenya’s foothold in the global tea market” Ms Siele said.
Women in Tea Value Chain Association, recommends the establishment of “robust policies and training programs to ensure a harassment-free workplace, reinforcing a zero tolerance approach to any form of misconduct”.
“We call for immediate action to rectify this situation, including a thorough review of the election process and stringent measures to prevent a similar occurrence in the future”
“This decision (clearance to contest) reflects a total disregard for the principle of justice and equality, and it significantly undermines efforts to create safe and peaceful working environments, especially in sectors that have long struggled with issues of gender inequality and labour rights” The Women in Tea Value Chain Association, said.
It stated that the move was “a disservice to the victims of harassment and a stark contradiction to the values that should guide the tea sector…It is imperative leadership positions are held by individuals of unimpeachable character and integrity”
The Coalition Against Sexual Violence (CASV) stated that Mr Chebochok’s election was “a major safeguarding risk for female tea workers and small holder farmers, and undermines the stride made in addressing human rights issues within the tea sector” and that “immediate action should be taken to prevent further damage”
“Upholding the values of dignity, respect and fairness is crucial for the integrity of the Kenyan tea industry and for protecting the rights and dignity of survivors of sexual violence” CASV stated.
The statement by CASV was sanctioned by - Wangu Kanja Foundation, Utu Wtu, Advocates for Social Change Kenya, The African Gender and Media Initiative, Independent Medico Legal Unit, Centre for Rights Education and Awareness, The Kenya Legal and Ethical Issue Network, Gender Violence Recovery Centre, Trust for Indigenous Culture and Health, Association for Grassroots Journalists in Kenya, Flone Initiative, Huru Defenders and ActionAid Kenya.
Ms Christine Kungu, the FIDA-Kenya chairperson has called for action to be taken by KTDA to safeguard their global market niche.
“FIDA-Kenya will not hesitate in taking action against Mr Chebochok, and KTDA for being in violation of the Constitution of Kenya, 2010 and the Public Officers and Ethics Act, including calling for a national and global boycott of all tea products from Kenya until this matter is addressed” Ms Kungu stated.
All eyes are on IEBC and KTDA in handling the matter that has taken a global perspective in a country where tea is a leading foreign exchange earner.
