Parties want Sh87 billion tea suit heard in Nairobi

Defendants in the landmark Sh87 billion constitutional petition filed by Kericho Governor Paul Chepkwony against Kenya Tea Development Agency (KTDA) and other players in the tea industry have applied for the suit to be transferred to Nairobi.

Chepkwony is seeking Sh87 billion from major tea firms as compensation to small-scale tea farmers whom he claims have been exploited by the industry players for a long time.

The defendants want the suit heard in Nairobi by a three-judge bench to be appointed by Chief Justice Willy Mutunga.

In their submissions, the lawyers led by Agriculture Food and Fisheries Authority advocate James Ochangu told Kericho High Court judge Hedwig Ong'udi that majority of the parties involved in the litigation and their lawyers have their headquarters in Nairobi. "It would be in the interest of the parties concerned and for proper administration of justice that the petition be transferred to Nairobi. A lot of judicial, advocate, travel time and expenses would be best utilised if the matter is heard in Nairobi where most of the litigants are based," he said.

He also told the court that the matter should be certified as complex since it transcends several sectors and therefore be heard before a three judge panel.

But Chepkwony through his counsel Peter Wanyama vehemently objected the request, saying it was unmerited. "On behalf of tea farmers, we applied to be enjoined in the judicial review proceedings and one of the prayers granted by the court apart from the application for farmers to be enjoined in the petition was that the mater ought to be determined in Kericho," said Wanyama.

He added that the High Court in exercising its judicial authority transferred the petition to Kericho.

Wanyama said concerns raised in the petition touch on over 200,000 small-scale tea farmers and they would roundly object for the mater to be transferred to Nairobi.

The Council of Governors made an application for the farmers to be enjoined in the petition.

Ong'udi gave the defendants 14 days to file their formal application on the transfer of the petition and instructed Chepkwony through his advocate to file his response within seven days. The judge added that the court would also on July 7 hear the application for the petition to be heard before a three judge panel.