COG seeks to be enjoined in case challenging new crops regulation


The Council of Governors have filed an application seeking to be enjoined in the case challenging the Crops (Tea Industry) Regulations 2020.

The Governors argue that the regulations negatively affect the functional and institutional integrity of the County Government as they fail to take into account the functions assigned to County Governments under the fourth schedule of the constitution.

COG says that if they are enjoined in the petition they will articulate their interests in the case adding that their joinder shall not occasion any prejudice to the parties in the petition.

The main petition has been filed by Kenya Tea Development Agency Holdings Limited and KTDA Management Services Limited against the CS Ministry of Agriculture Livestock Peter Munya.

KTDA is accusing the CS of releasing an implementation timeline for tea reforms before they are approved by Parliament.

“The counties have an identifiable stake in the matter and stand to suffer prejudice if the matter is heard and determined in their absence,” said COG.

The ministry in the regulations want directors in tea factories to be limited to two with each factory having a company secretary.

The ministry also proposes that buyers pay before carting away tea to ensure farmers’ money gets to individual factories’ accounts.
The regulations were initiated in January and are aimed at addressing corruption and exploitation of farmers as well as conflict of interest in the management of the tea value chain.

The matter will be mentioned on 13th October 2020.