Chairman challenge Sh2 million award to KTDA

The chairman of Kiru Tea Factory has moved to court challenging legal costs of Sh2 million that he was slapped with in a case where he had sued Kenya Tea Development Agency (KTDA).

Chege Kirundi, in his application before Nyeri High Court Deputy Registrar Ruth Kefa, wants the court to set aside the award.

Through lawyer Kithinji Marete, Mr Kirundi said the deputy registrar in her ruling dated July 13, 2018, allowed KTDA and its Dispute Resolution Committee to claim the legal fees without according him the opportunity to be heard.

The disputed legal costs emanated from a judicial review application Kirundi had filed before Justice Teresiah Matheka in 2017 challenging KTDA’s involvement in the management of Kiru factory.

The judge, while finding the Dispute Resolution Committee a non-existent entity, dismissed the case and ordered Kirundi to pay the legal fees. KTDA and the committee are now demanding Sh1 million each.

Mr Marete questioned how the committee is entitled to legal costs having been found to be legally non-existent.

“The taxation of the legal costs was done in the absence of Mr Kirundi. We want him granted the right to be heard,”  Marete said.

The lawyer said Kirundi was not served with the KTDA’s submissions and therefore had no opportunity to respond or contest the bill of costs.

“It is against every notion of justice and fairness to be condemned unheard. Let all parties be heard on merit. There is no contestation that Mr Kirundi was not heard before being slapped with the costs,” said Marete. 

Taxing master

KTDA and its committee, however, defended the costs, saying Kirundi was aware of the proceedings on taxation but deliberately failed to appear in court. 

“The costs were taxed and a certificate issued. The moment the taxing master makes a decision and a certificate issued, the taxing master has no jurisdiction to address it again. Setting aside is overstepping the jurisdiction,” said lawyer Teddy Ochieng, while urging the registrar to dismiss the application.

A ruling will be made on November 13.