Embattled Kenya Tea Development Agency (KTDA) zonal director John Chebochok, who has been accused of sexual exploitation, has hit back at his critics saying he is clean and fit to hold public office.
A defiant Mr Chebochok said he would not bow to pressure from non-governmental organisations, community-based organisations and various stakeholders to resign as Tegat/Toror Tea Factory Zonal Director, saying small-scale tea growers duly and legally elected him .
Mr Chebochok said the Independent Electoral and Boundaries Commission (IEBC), which was mandated by the Tea Board of Kenya (TBK) to conduct the elections on June 29, 2024, cleared him for the poll in accordance with the electoral manual provided by the board.
In court papers, Mr Chebochok, who for the first time gave a glimpse of his position on the controversial matter following a BBC exposé on February 20, 2023, said he had been convicted without a hearing and that the farmers had given him a vote of confidence through the ballot.
He attempted to pour cold water on the alleged sexual exploitation case, which has caused a storm locally and internationally and returned to haunt him when it had faded into the background in the tea industry and the criminal justice system.
In an affidavit filed at the Kericho High Court dated July 5, 2024, Mr Chebochok said the IEBC "saw absolutely no justification or basis to postpone the said election...IEBC found me fit and cleared me to contest for the position of Director of Tegat/Toror Tea Factory, Ainamoi Zone".
"I have not been summoned, charged or convicted by any competent authority in relation to the false, outrageous and damaging allegations in the impugned documentary," Mr Chebochok claimed.
"None of the women featured in the said documentary ever reported me to any authority to answer for the said falsehood," Mr Chebochok argued in the affidavit filed in court.
Nairobi-based lawyers Danstan Omari and Associates filed the court papers in response to a petition seeking to stop him from taking over as zonal director following the disputed election.
“I have been unwarrantedly embarrassed before my family, friends, farmers and other members of the public courtesy of the news outlet (BBC) which aired the documentary without determining the veracity of the allegations of the said women/female employees” Mr Chebochok stated.
Six NGOs from the Coalition of Organisations Working on Sexual Violence in Kenya have gone to court to block the confirmation of Mr Chebochok as director of the factory.
Usikimye Community Based Organisation, Wangu Kanja Foundation (K) Registered Trustees, Centre for Rights Education and Awareness (CREAW) Oxfam, The African Gender and Media Initiative Trust (GEM) Registered Trustees and Flone Initiative - are the organisations that have gone to court.
Mr John Chebochok, Tegat Tea Factory Limited, Kenya Tea Development Agency, Tea Board of Kenya (KTDA), and Independent Electoral and Boundaries Commission (IEBC) are named as respondents in the petition.
The Law Society of Kenya (LSK), Utu Wetu Trust, Association of Grassroots Journalists Kenya, Advocates for Social Change -Kenya, Independent Medico-Legal Unit, KATIBA Institute, National Gender and Equality Commission and Kenya National Commission on Human Rights are listed as interested parties in the petition.
"The petitioner should be restrained from making one-sided and biased allegations and conclusions without knowledge of the full facts and context of the said allegations based on a badly damaged documentary," Chebochok said.
He also sought to distance himself from active investigations at Kericho police station into the sexual exploitation case surrounding him.
"I am a stranger to the said matters at the Kericho Police Station HIV Tribunal (case number HAT 66/E002/2023)." Mr Chebochok said in the affidavit.
"I pray that this court will protect me from mob justice and public lynching of my otherwise credible character since the airing of the malicious and ill-intentioned February 2023 documentary," he said.
Ms Njeri Migwi, the co-founder of Usikimye Foundation, said the respondent's presumption of innocence until proven guilty did not protect him as he had unresolved issues relating to the sexual exploitation of female workers in the tea industry.
She said in court papers filed by Eldoret-based lawyer Chepkirui Koech that the petitioners have no interest in the election of directors nor do they desire any other outcome but are pursuing the matter in the public interest due to the sexual exploitation of women.
Ms Migwi said while she agreed with Mr Chebochok that the media does not define a person, it (the media) has an important role to play in society and the legal system.
"The media, especially investigative journalism, plays a crucial role in exposing corruption to public scrutiny and fighting impunity where in this case BBC Africa exposed the fact that the first respondent sexually harassed vulnerable women workers seeking employment," Ms Migwi said.
This comes as Mr Dickson Kirui, the company secretary of Tegat/Toror Tea Factory, stated in court documents that Mr Chebochok's election was construed as a nomination and that his confirmation or rejection was in the hands of the shareholders who will hold a special general meeting on July 18, 2024.
Mr Kirui said the election of the zonal director had disrupted business at the factory as buyers had pulled out of sales deals, resulting in a loss of business and income for farmers.
Mr Mathews Odero, the KTDA Group Company Secretary, said the agency had no role in the clearance and approval of Mr Chebochok to contest as zonal director.
"KTDA had no control over the nomination of persons vying for the position of directors, their screening, the conduct of the election, the announcement of the results or the handling of any electoral disputes that arose after the said election," Mr Odero said.
In an affidavit filed on July 12, he stated that the responsibility for overseeing the election was placed in the hands of the Tea Board of Kenya, which appointed the IEBC to manage the process.
Mr Odero confirmed that KTDA had received protest letters and petitions from various stakeholders, with tea buyers suspending their dealings with the Tegat/Toror factory, negatively affecting its financial status due to loss of revenue.
“This election is not only affecting the sales of the factory he was elected to but is also affecting the brand of KTDA and all its smallholder factories, thereby putting at risk the economic livelihood of more than a million farmers who supply tea to KTDA factories,” Mr Odero said.
“Going by the market reaction, the respondent’s election has proven that his holding the office of director is not in the best interest of the company and threatens its financial stability and reputation.”
“Allowing the respondent to be approved as a director would be a grave disservice to the company’s stakeholders, including farmers, employees, consumers, and investors, who rely on the company’s good governance and ethical leadership for their economic well being” Mr Odero averred in the court documents.
Mr Odero stated KTDA directors were expected, as per the Constitution of Kenya 2010, “to behave in public and private in a manner that avoids conflict of interest, without compromising public or official interest and demeaning the office they hold.”
The Nguvu Change Leaders, a lobby group, has collected more than 4,200 signatures calling for Mr Chebochok's resignation.
“The election of Mr Chebochok undermines the efforts by the government and other stakeholders to fight gender-based violence in the country. It is a matter we should all deal with as a society” Ms Nelly Andeso, who is leading the collection of signatures, said.
Ms Andeso said: "Chebochok's actions are not only a violation of human rights but also undermine the moral fabric of society as it has a negative impact on the mental health of the victims and the economy of the country".
The petitioners stated that the Coalition Against Sexual Violence (CASV) wrote to the KTDA and IEBC on June 19, 2024, regarding the candidate's clearance, but this appears to have been ignored.
Mr Willy Mutai, the CEO of the Tea Board of Kenya, wrote to IEBC CEO Hussein Marjan on June 24, 2024, highlighting the potential negative impact on the global market for Kenyan tea.
For its part, the IEBC sought to absolve itself of blame, saying Mr Chebochok had submitted all the required documents as stipulated in the electoral manual before being cleared to contest.
“The checklist provided that a valid certificate of good conduct issued by the National Service’ Department of Criminal Investigations would suffice as proof of good standing of a candidate,” Mr Marjan stated.
Ms Faith Odhiambo, the president of the Law Society of Kenya (LSK), has called on the IEBC to "review its vetting procedures to comply with the express provision of Chapter 6 of the Constitution to prevent individuals of questionable character from contesting for leadership positions in the future".
"KTDA and other stakeholders must be transparent about the steps being taken to address these concerns and hold accountable those who fail to uphold ethical standards," said Ms Odhiambo.
Liptons Teas and Infusions and James Finlays have announced the suspension of trade with the factory while calling for Mr Chebochok's removal, which threatens to affect other KTDA factories.
