Court blocks implementation of Munya’s gazette notice for tea reforms committee
The High Court in Nairobi on Friday issued orders stopping the implementation of a Gazette Notice by Agriculture CS Peter Munya.
CS Munya sought to form a National Steering Committee on the Implementation of Tea Reforms in Kenya.
The process was challenged by Kenya Tea Development Agency (KTDA) lawyer Benson Millimo.
In a Judicial Review application, the lawyer argued that some of the persons appointed in the committee have publicly pronounced themselves adversely against KTDA.
In addition, some of them reportedly have cases in court on matters relating to the operations of the company while others have broken contractual relationships with the applicant.
The lawyer argued that the said committee members have not only openly disclosed open bias against KTDA but are also conflicted and unfit to preside over any issues relating to the company.
He also argued that there isn’t an existing law empowering CS Munya to form such a committee; adding that no law grants him power to appropriate public funds vested to the Agricultural Food and Fisheries Authority – as was contained in the Gazette Notice.
In her ruling, Lady Justice Pauline Nyamweya said: “…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.
On June 25, 2020, CS Munya gazetted a notice appointing an eight-member committee to evaluate the policy, regulatory and administrative reforms in the Tea Value Chain.