High Court halts swearing-in of John Chebochok as new director of Toror Tea Factory

The High Court in Kericho has halted the swearing-in of John Chebochok as the newly elected Director of Toror Tea Factory.

The decision follows a petition filed by five individuals who argued that Chebochok's approval as a director poses a significant threat to the financial stability and reputation of Tegat Tea Factory Limited, which owns Toror Tea Factory.

The petitioners moved to court, asserting that approving Chebochok during the Special General Meeting scheduled for July 18, 2024, posed a real and imminent threat to the company.

“That in the meantime the AGM scheduled for 18th of this month to swear in John Chebokoch into office as a director is suspended. That the matter is scheduled for ruling on August 15, 2024,” reads the court order.

During Monday's hearing, it was decided that the petitioners' application would be addressed through written submissions.

Usikimye CBO, Wangu Kanja Foundation (K) Registered Trustee, Oxfam, The African Gender and Media Initiative Trustees, and Flonbe Initiative supported the petition, arguing that stakeholders and tea purchasers have expressed their disapproval of Chebochok's election and have suspended their business with the applicant, resulting in a significant financial downturn.

“The 1st Respondent does not meet the provisions of Chapter 6 of the Constitution of Kenya, which emphasizes the responsibilities and ethics required of public officers, including integrity, leadership accountability, and adherence to ethical standards,” the petitioners argued.

Negative impact on sales

The Kenya Tea Development Agency (KTDA) Group Company Secretary supported the notice of motion, highlighting that Chebochok's election negatively impacts the sales of the factory he was elected to and affects the brand of KTDA and its smallholder factories, thereby endangering the economic livelihood of more than a million farmers supplying tea to KTDA factories.

Chebochok was prominently featured in a BBC documentary aired in February 2023, titled "Sex for Work: The True Cost of Our Tea," which uncovered severe sexual exploitation in the tea industry.

The documentary included undercover footage and survivor testimonies, leading to Chebochok's termination from James Finlays Limited and his subsequent barring from their properties.

Despite the allegations, Chebochok was elected to the director position at Toror Tea Factory on June 29, 2024.

In a statement dated July 3, 2024, KTDA, distanced itself from the elections noting that it had no role in the election process, conducted by the Independent Electoral and Boundaries Commission (IEBC).

However, several rights groups including the Law Society of Kenya (LSK) demanded his immediate resignation, from the elected position noting that it undermines efforts to combat sexual and gender-based violence in the tea industry.

LSK President Faith Odhiambo said Chebochok's removal will prevent individuals with questionable backgrounds from contesting for leadership positions in the future.