Agriculture Cabinet Secretary Peter Munya did not follow procedure in appointing an eight-member steering committee to implement reforms in the tea sector, the High Court has said.
In quashing the gazette notice that appointed the committee, Justice Pauline Nyamweya said Mr Munya’s failure to engage the public or consult stakeholders was a major flaw.
While her decision may come as a cold meal owing to expiry of the committee’s term nearly two years ago, the judge said it was necessary to pronounce herself in the event that Mr Munya opts to appoint the team afresh.
The committee’s term was to last for four months from June 25, 2020.
Justice Nyamweya issued orders temporarily suspending Mr Munya’s formation of the team on July 10, 2020 following a suit filed by the Kenya Tea Development Agency (KTDA) Holdings.
KTDA lawyer Benson Milimo claimed that some members of the team had publicly displayed bias against it, and that there was no public participation before their appointment.
The East African Tea Trade Association (EATTA), popularly known as the Mombasa tea auction, also said it was not consulted.
“It is necessary at this point that the legality of the impugned gazette notice is still a live issue that requires to be considered, since there still exists the possibility of reviving the committee,” Justice Nyamweya said.
“In this respect, KTDA and EATTA have indicated that the said gazette notice did affect them as key stakeholders in the tea sector, and Mr Munya did not demonstrate any consultation or public participation undertaken on the appointment of the impugned committee in this regard as required by the Crops Act and Constitution. The said gazette notice is thus found to have been irregular and illegal to this extent,” she added.
The committee was to be chaired by tea broker Jacob Kamau Kihiu. Other members were Irungu Nyakera (former PS), former MP Langat Magerer, Fredrick Muriithi, Nation Media Group editor John Kamau, former Tea Board of Kenya director David Chomba Gachoki, Catherine Nyamboke Mogeni and Wanja Michuki.
Mr Munya, the Agriculture and Food Authority and the committee members said KTDA’s case was based on mere suspicions. There was no evidence to show that the team would act in a biased manner, they said.
Mr Munya had pushed for reforms in the sector to fix the paradox that was poor farmers making losses despite billions being paid for Kenyan tea by some of the biggest firms and agencies in the global industry.
Policy changes that Mr Munya was to implement, dubbed the Tea Regulations 2020, were successfully challenged in court by KTDA.
Most of them were, however, captured in the Tea Act later in 2020.
The law changes have come as a blessing for farmers as the government-set price of Sh275 per kg of tea boosted earnings last year. Before the government’s intervention, tea prices had dropped to Sh191 per kg, the lowest farmers had witnessed in 10 years.
