On August 15, 2024, the Kericho High Court delivered a landmark ruling[1] in favor of women’s rights by halting the swearing-in of Mr. John Chebochok as Director of Tegat/Toror Tea Factory, Ainamoi Zone. This decision comes after serious allegations of sexual violence against him, as revealed in a BBC documentary titled The True Cost of Our Tea: Sexual Abuse on Kenyan Tea Farms[2]
The case, Petition No. E006 of 2024 – Wangu Kanja Foundation (K) Registered Trustees and OXFAM and 3 Others VS Tegat Tea Factory Limited and Kenya Tea Development Agency and 13 Others, was filed by civil society organizations, including KELIN, which participated as the 10th Interested Party. The petitioners challenged the clearance and election of Mr. Chebochok, citing concerns over his professional and moral suitability, especially considering the sexual abuse allegations.
KELIN’s involvement in the case was crucial in demonstrating the State’s constitutional obligation to protect victims of sexual violence by ensuring that perpetrators are held accountable. The organization emphasized that the election of an individual with such allegations to a significant position would undermine the trust in public institutions and the justice system.
In its ruling, the Court considered three key principles to determine whether the swearing-in should be stopped. First, the Court assessed whether the petitioners had established a prima facie case. It found that they had, noting that the issues at hand involved interpreting the Constitution, particularly Articles 10 and 73(2), which relate to the integrity and moral suitability of public officials.
Second, the Court determined that failing to intervene would render the petition moot, emphasizing the importance of addressing the serious allegations before confirming Mr. Chebochok’s appointment. Finally, the Court recognized the significant public interest in preserving the integrity of the tea industry and protecting vulnerable women from sexual violence.
KELIN welcomed the Court’s ruling as a positive step toward safeguarding women in Kenya’s tea sector. Elsie Milimu, KELIN’s counsel on record, stated that this decision underscores the importance of preventing individuals accused of sexual violence from holding influential positions.
KELIN remains committed to advancing discussions on protecting women’s rights and ensuring justice for victims of sexual violence.
Follow KELIN on social media via @KELINKenya for more updates on this case.
For more information, please contact: Elsie Milimu, Program Officer – SRHR and Advocate for the 10th Respondent, KELIN Email: elsiemilimu@kelinkenya.org Phone: 0790111578
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