The Mountain Journal
The controversy surrounding the factions in Kenya Tea Development Agency (KTDA) disputes has taken a new twist, with five law firms representing the directors found to have been acting without valid instructions.
In a ruling, the court ordered that only Milimo, Mithimo Company advocates shall remain on record, as others are struck out, as the tea board directors factions raged on.
There has been a contest on the representation of 37 petitioners in the suit, which was lodged on July 19, 2021, with individuals who appointed the five law firms none hold a valid office in the KTDA board.
Judges Hedwig Og’undi, Jesse Nyagah and John Chigiti on October 31 found that the appropriate order to issue is that Milimo and advocates shall remain on record for the petitioners pending the hearing and determination of the issues of directorship.
The suit on representation in the board was lodged by KTDA and 53 others, with the Agriculture Cabinet Secretary being the respondent and Kenya Small Holders Growers Association and 23 others registered as the interested parties.
In the ruling, the judges said the testimony by the former KTDA Group Secretary Dr Kennedy Omanga that Milimo, Mithamo advocates were duly appointed, as he asserted that appointment of Guandaru Thuita Advocates and others was done by imposters with no authority to transact business on behalf of the affected petitioners.
In the proceedings, the Mwangi Wahome law firm argued to had been tendered proof they received instructions including the petitioners resolutions, CR 12, and instruction letters from petitioners are valid.
“Any director who might have come into the office post the court orders could only have done so in breach of the court orders,” ruled the court.
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