A farmer picking tea.
The Kipsigis and Talai communities who were allegedly displaced by multinationals in Kericho and Bomet counties now want the court to stop the sale of the tea estates, pending the determination of their appeal.
The communities led by a group of 20 people claim in the application that the owners including James Finlay have transferred their shares or sold the tea farms to other entities to defeat their appeal.
National Land Commission (NLC) had in 2019 decision said the tea estates should have reverted to locals at independence but the ruling was quashed by the Environment and Land Court last year, necessitating the appeal.
Through lawyer Kimutai Bosek, the petitioners said James Finlay (K) Ltd transferred the land to Sri Lankan company known as Brown Investment, while Unilever of the UK sold its shares to Eketerra (Italy) and Lipton of the UK.
“There be an interim order of injunction barring, inhibiting and preventing the 1st respondent and all other multinational tea companies operating in Bomet and Kericho counties from disposing of, transferring shares or interfering in any way with the several parcels of land under tea plantations,” Mr Bosek said.
The 20 residents have named the Kenya Tea Growers Association, NLC, Ministry of Lands, Kericho and Bomet county governments, as well as 11 tea estates as respondents in the case.
Mr Bosek said the British multinational tea companies want to deny the Kipsigis and Talai communities their historical land rights by disposing of the parcels of land without following due process.
He said the sale is being done in a manner aimed at defeating the Kipsigis rights property and denying the government revenue through payment of stamp duty and capital gains tax.
He said the intended exit of the British multinational tea companies and the transfer of interest to Brown of Sri Lanka would deny the Kipsigis profit, preservation of the land and collection of land rates.
“It is imperative and in the best interest of justice that the subject matter of the intended appeal is preserved so as the issues are not rendered nugatory,” Mr Bosek said.
The community said the British multinationals should not be allowed to exit the scene by bringing new entities who were not parties to the proceedings in the Environment and Land court.
“That an order for injunction be issued stopping the Kenya Tea Growers Association and all other multinational tea companies operating in Bomet and Kericho counties from disposing and transferring shares and prevented from interfering in any way with several parcels of land under tea plantations they currently occupy,” the appeal lodged in April 2024 reads.
In its decision on February 7, 2019, the NLC said the land should have been surrendered to the Kispigis and Talai communities at independence.
The NLC had ordered a fresh survey and audit to be undertaken for land allocated to the multinational companies in Kericho and Bomet counties and the land in excess of the size documented in official record should be reverted to the county government.
The commission had also directed the government to acquire land to resettle members of the two communities in Kericho and Bomet counties.
But Justice Oscar Angote of the Environment and Land Court quashed the decision. The community also want the decision suspended, pending the determination of the appeal.
