The Council of Governors has filed an application seeking to be enjoined in the case challenging Crops (Tea Industry) Regulations 2020.
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.
In the application, the CoG argues 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.
They argue that the counties have an identifiable stake in the matter and stand to suffer prejudice if the matter is heard and determined in their absence.
“It is in the interest of justice that the orders sought are granted forthwith,” court papers read.
The council claims that the petition is an alleged constitutional violation by the Munya-led Ministry.
CoG argues that the ministry introduced by the Crops (Tea Industry) Regulations 2020 as part of the ongoing reforms in the Tea sub-sector without the involvement of the County Governments.
The council averred that if enjoined in the petition, it will articulate its interests in the case adding that the joinder shall not occasion any prejudice to the parties in the petition.
The matter is scheduled to be heard in court on October 13, 2020.
In the regulations, the ministry wants 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 that farmers’ money gets to individual factory 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.
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