This archive report was first published on 10 July 2020.
The High Court in Nairobi has dealt a blow to the Agriculture CS Peter Munya's plans to implement a National Steering Committee on Tea Reforms in Kenya. On Friday, the court issued orders stopping the implementation of a Gazette Notice by CS Munya.
The Gazette Notice, gazetted on June 25, 2020, aimed to form an eight-member committee to evaluate the policy, regulatory, and administrative reforms in the Tea Value Chain.
However, the Kenya Tea Development Agency (KTDA) lawyer Benson Millimo challenged the process in a Judicial Review application. He argued that some of the persons appointed in the committee have publicly pronounced themselves adversely against KTDA.
Additionally, some of the committee members reportedly have cases in court on matters relating to the operations of the company, while others have broken contractual relationships with the applicant.
Lawyer Millimo argued that the said committee members have openly disclosed bias against KTDA and are conflicted and unfit to preside over any issues relating to the company.
He also argued that there is no existing law empowering CS Munya to form such a committee, and that no law grants him power to appropriate public funds vested to the Agricultural Food and Fisheries Authority.
Justice Pauline Nyamweya ruled that the application had met the threshold of an arguable case and is therefore entitled to the leave sought to commence judicial review proceedings against the Respondent.
The matter will come up for mention on September 21, 2020, for further directions.
