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Conflicted: How MP Kagombe got colleagues to shelve Tea Amendment Bill
Gatundu South MP Gabriel Kagombe makes a call at the Machakos law courts on June 7, 2024.
What you need to know:
- Failure by Kagombe to declare his directorship of three companies to the House compromised the debate on the Bill and puts into question the validity of the proceedings taken on the Bill.
- Mr Wetang’ula termed the concerns raised as valid, saying failure by Mr Kagombe to declare his interest risk casting any subsequent decisions taken on the Bill in an unfavourable light.
Failure by Gatundu South MP Gabriel Kagombe to declare interest that he is a director in three tea companies during debate of the Tea Amendment Bill, 2023 has forced the House back to the drawing board.
Standing Order 107A (1)(e) provides that the failure to declare personal interest in a matter before the House or a Committee in accordance with Standing Order 90 constitutes an act of disorderly conduct.
Acting on a letter filed in Parliament by John Kennedy Omanga who raised questions over failure by the MP to declare interest while debating the Bill, Speaker of the National Assembly Moses Wetang’ula has directed that the House considers the Bill afresh at the committee of the whole House.
In his letter to Parliament on behalf of Tea farmers from Nyeri, Dr Omanga said that Mr Kagombe significantly participated in the deliberations of the Bill without declaring his interest as required by law.
Documents of CR12 presented in the House indicate that Mr Kagombe is a sitting director of Theta Tea Factory Company Limited, KTDA Holdings Limited, and Majani Insurance Brokers Limited.
Dr Omanga claims that the operations of the three companies are a direct subject of the Bill, hence the MP ought to have declared his interest.
Failure by Kagombe to declare his directorship of the three companies to the House compromised the debate on the Bill and puts into question the validity of the proceedings taken on the Bill, Dr Omanga said.
Mr Wetang’ula termed the concerns raised by Dr Omanga as valid, saying failure by Mr Kagombe to declare his interest risk casting any subsequent decisions taken on the Bill in an unfavourable light.
The speaker noted that despite Mr Kagombe declaring his interest before the Agriculture committee, he was still required to declare the same interest in the House during debate.
“I caution the Hon Kagombe for his conduct in this matter. I further take this opportunity to remind all of us to strictly adhere to the ethical requirements of the high offices that have been entrusted to us by the public to avoid any recurrence of this unfortunate incident,” Mr Wetang’ula
“Hon Kagombe’s contribution to the debate and its possible influence on the amendments considered by the Committee of the Whole House on the Bill, you will agree that the member’s failure to declare his obvious interest casts doubt on the probity of the deliberations,” added the speaker.
Liberal tea industry
The Bill sponsored by Bomet Senator Hillary Sigei seeks to amend certain provisions in the Tea Act, 2020, to protect the tea growers' proceeds from mismanagement by factories.
The Bill also aims to incentivise value addition of tea by exempting value added tea from payment of the tea levy. It further seeks to liberalise the tea industry.
Article 122(3) of the Constitution expressly bars a Member of Parliament from voting on a matter in which he or she has a pecuniary interest.
Section 11 of the Conflict of Interest Act, 2025, obligates Members of Parliament to disclose any direct pecuniary interest in matters before the House, its committees, or in related transactions and communications.
According to the Parliamentary Powers and Privileges Act which prescribes code of conduct which all MPs subscribed to upon taking their oath of office, requires them to register and declare any financial and non-financial interests that would either affect or be seen to affect the discharge of their mandate.
The act states that an MP shall before contributing to debate in the House or its committees, or communicating with State Officers or other public servants, declare any relevant interest in the context of parliamentary debate or the matter under discussion.
It further states that “A relevant interest is an interest that may be seen by a reasonable member of the public to influence the way in which a Member discharges his or her parliamentary duties.
Standing Order 90 provides that personal interests include proprietary interests, personal relationships, and business relationships.
A review of the Hansard of March 12, 2026, when the Bill was partly considered in the Committee of the Whole House, reveals that the Mr Kagombe did make substantive contributions on governance of tea factories and the proposed framework for their management and oversight, without declaring his interest in accordance with the Standing Orders.
The contributions were substantive and directly related to the provisions under consideration.
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