Agriculture CS Peter Munya [Wilberforce Okwiri, Standard]

The implementation of the Tea Act, 2020 is facing more resistance after 50 tea factory companies were enjoined in a class action constitutional petition challenging sections of the law.

The Agriculture ministry argues that implementing the reforms contained in the Act will result in more earnings for farmers.

The High Court in Embu on Thursday admitted the 50 additional tea factory companies to be co-petitioners in the petition filed by Mungania Tea Factory Company against the Attorney General.

The petitioners now form the bulk of tea factory companies in Kenya - which are owned by smallholders - considering that there are 66 such companies whose produce is marketed by the Kenya Tea Development Agency (KTDA).

According to Millimo, Muthomi and Company Advocates, who are handling the petition, the companies were enjoined in the suit as their complaints and that of Mungania are similar.

Mungania Tea Factory moved to court to challenge sections of the Tea Act on grounds that it went against several laws including the Companies Act, the Law of Contract, the Crops Act, the Competition Act and the Constitution.

On January 19, the Embu High Court suspended implementation of some sections of the law pending the hearing and determination of the application.

Among the segments of the law that Mungania faulted was on the registration of small-scale tea growers and medium-scale tea growers, and the limit on number of tea factory directors.

The petition by the tea factory companies is one of three that have been lodged in court by industry players challenging sections of the Act.

The Kenya Tea Growers Association and the East African Tea Trade Association are the other two industry players who have challenged the new law.

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