Court orders Atwoli's arrest in tea picking case

By Judy Ogutu

A Nairobi High Court has issued a warrant for the arrest of Cotu Secretary General Francis Atwoli.

Lady Justice Jeanne Gacheche issued the order yesterday at the High Court in Nairobi, after Mr Atwoli failed to appear in court.

His advocate T J Kajwang’ had told the court Atwoli could not make it because he had travelled to Geneva, Switzerland, for a meeting.

Kenya Tea Growers Association (KTGA) has lodged a contempt application accusing Atwoli and others of disobeying court orders issued on October 14, last year.

Atwoli’s statements

The association is making the accusations against Atwoli and five other officials of the Kenya Plantation and Agricultural Workers Union (KPAWU). On October 14, last year, the High Court granted an injunction restraining KPAWU, its agents, members or representatives from calling for a strike by KTGA employees.

The applicant claims that four days later, Atwoli addressed meetings at Sotik Highlands Primary Grounds, Kapchorua, Tinderet and Kericho Green Stadium. As a result of statements he allegedly made, employees at Tinderet and Kapchorua stopped working at Williamson Tea Estates.

According to documents filed in court, the union had called its Sotik members to a meeting at Sotik Highland Primary Grounds on October 18, regarding tea-plucking machines. Atwoli is alleged to have addressed the meeting urging employees to continue to strike until he stopped them. He also stated that all machines should be destroyed.

"The union officials/representatives have wilfully and flagrantly contravened the order issued on October 14," the applicants claim through the Law Firm of Kaplan and Stratton.

Atwoli has denied inciting the workers or disobeying court orders, saying he believes in the respect of lawful institutions.

"I did not tell anyone to destroy company machines. I told my members the union had taken up the issue of tea plucking machines in court with the management of the employers. I told the members to be vigilant for the outcome of the case," he said in a sworn statement.

A member of the applicant’s executive committee, Samuel Thumbi, claims in a sworn statement that the injunction application and petition were served upon Mr Thomas Kipkemboi, the deputy secretary general of the union, on October 15, last year, as he was informed Atwoli was not at the union’s offices.

Atwoli claims he has never been served in person with court orders requiring his compliance, adding he learnt of the order through The Standard on October 22.

He says the strike was lawful. The case comes up on March 28.

"By the time the employers obtained an order of injunction, the process of strike was already commenced with the issuance of the strike notice. There was therefore nothing left of the process to cause, effect or incite any further or otherwise call as far as the strike was concerned," he said.

According to him, after the seven days expired, there was nothing he could do within his powers to hold back the striking members since every union member was "exercising his or her constitutional right of a protected strike."

The case comes up on March 28.