- The High Court on Wednesday suspended an executive order issued by President Kenyatta on March 12 ordering the Tea Board of Kenya to hold elections at all tea factories within 60 days.
- The judge said orders made by the Mombasa High Court were still in effect.
- KTDA filed the case last week, arguing that Mr Kenyatta does not have the power to order the poll.
The High Court on Wednesday suspended an executive order issued by President Uhuru Kenyatta on March 12 ordering the Kenya Tea Board to hold elections at all Kenya Tea Development Agency (KTDA) tea factories within 60 days.
Judge Anthony Mrima suspended elections for the 54 tea factories, saying parts of the ordinance addressed issues raised in another case filed by Attorney General Kihara Kariuki, which sought to prevent KTDA from holding elections in August. from last year.
The judge said orders made by the Mombasa High Court were still in effect.
KTDA filed the case last week, arguing that Mr. Kenyatta does not have the power to order the poll.
Through attorney Benson Millimo, KTDA says the decision was made without giving the company a voice.
“The President has no justification in law and / or in fact in seeking to interfere in the legitimate affairs, affairs and internal management of the petitioner,” said Mr Millimo.
He said that the national government had absolutely no power in law and in fact to sanction and preside over the elections of the directors of KTDA, its subsidiaries and its shareholders.
Further, he said that a government-sponsored election of directors would result in companies, including KTDA, having two parallel sets of directors because there are already directors in office.
Judge Mrima ordered the AG to file a response to KTDA’s requests within 14 days. The case will be heard on April 20.